Shree Nagani Silk Mills Pvt. Ltd. v. L.D. Industries Ltd. 2025 INSC 1064 - S.138 NI Act - SICA - CrPC

Negotiable Instruments Act 1881 - Section 138 ; Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) - There is no embargo on filing a complaint under Section 138 of N.I. Act against a ‘SICK’ company; Even if there is a restraint order under Section 22A of SICA, the nature of the restraint order and the facts of that case would have to be considered before taking a decision whether the proceeding under Section 138 could continue or not; The appropriate stage for taking such a decision would, ordinarily, be after parties have led their evidence. (Para 22)

Code of Criminal Procedure - There is no inherent power of Trial Courts to review or recall the issue of summons. This does not affect the power of the Trial Court under Section 322 of the Code to revisit the order of issue of process in case it is brought to the court’s notice that it lacks jurisdiction to try the complaint. (Para 24)

Negotiable Instruments Act 1881 - Section 118 - The law raises a presumption that every negotiable instrument bearing a date was made or drawn on such date. In such circumstances, to rebut the said presumption, evidence would have to be led. (Para 14)