Tag: Cheque dishonour
Under NI Act if cheque signed by drawer is given to payee ’reverse onus clause’ u/s 139 attracted. It is immaterial that particulars filled by someone else – Allahabad High Court In a recent judgment, the Hon’ble High Court has held that Under NI Act if cheque signed …
Limitation u/s 138 of NI Act starts after expiry of 15 days period to make payment from the date of receipt of notice- Allahabad High Court ABCAUS Case Law Citation:ABCAUS 3891 (2024) (03) HC Important Case Laws relied upon by parties:Kusum Ingots & Alloys Limited Vs. Pennar Peterson …
Supreme Court directs pilot study on employing retired judicial officers to operationalise Special Courts for expeditious trial of cases u/s 138 of Negotiable Instrument Act 1881 The Constitution Bench of the Hon’ble Supreme Court with reference to expeditious trial of cases under Section 138 of Negotiable Instrument Act …
Supreme Court explains law of conviction u/s 138 of NI Act on authorised signatories of firm/companies. civil liability vs Vicarious liability ABCAUS Case Law Citation ABCAUS 3589 (2022) (05) SC Important case law relied referred:Monaben Ketanbhai Shah and Another vs. State of Gujaratand Others (2004) 7 SCC 15Aneeta …
Supreme Court issues directions for speedy trial of offences for dishonour of cheques u/s 138 of Negotiable Instrument Act 1881 ABCAUS Case Law CitationABCAUS 3486 (2021) (04) SC Important case law relied referred:Vijay Dhanuka & Ors. v. Najima Mamtaj & OrsMeters and Instruments Private Limited and Another v. …
Cheque not filled though signed by drawer no defence in trial of offence u/s 138 of NI Act. Accused must prove cheque was not in discharge of a debt/liability ABCAUS Case Law Citation:ABCAUS 3278 (2020) (03) HC Important case law relied upon by the parties:M/s Surveka Distributors Pvt. …
Section 148 of Negotiable Instruments Act 1881 Act apply retrospectively to offence u/s 138 even where criminal complaints were filed prior to amendment Act prior to 01.09.2018. ABCAUS Case Law Citation:ABCAUS 2975 (2019) (05) SC Important Case Laws Cited/relied upon by the parties:Garikapatti Veeraya v. N. Subbiah Choudhury, reported in AIR 1957 SC 540; In the instant case …
Prosecution of company directors in cheque bouncing case u/s 138 of NI Act. Supreme Court explains when High Court can quash petition u/s 482 of CrPC ABCAUS Case Law Citation:ABCAUS 2824 (2019) (03) SC Important Case Laws Cited/relied upon by the parties Gunamala Sales Private Limited vs. Anu Mehta and Ors., …
Cheque dishonour complaint u/s 138 of Negotiable Instruments Act by the power of attorney would be maintainable in law – Supreme Court ABCAUS Case Law Citation: ABCAUS 2557 (2018) (10) SC Important Case Laws Cited/relied upon by the parties: A.C. Narayanan vs. State of Maharashtra and Another 1 …
Concurrent running of sentence us 138 Negotiable Instrument Act 1988 in two cheque dishonour complaint cases. Court empowered with discretion u/s 427 of CPC -Supreme Court ABCAUS Case Law Citation: 1044 (2016) (10) SC Important Case Law Cited: V.K. Bansal vs. State of Haryana and Another (2013) 7 …
