Negotiable Instruments Act

A collection of 39 posts

Negotiable Instruments Act

Sumit Bansal v. MGI Developers and Promoters 2026 INSC 40 - NI Act - Cheque Bounce -Multiple Cheques

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Negotiable Instruments Act

S. Nagesh v. Shobha S. Aradhya; 2026 INSC 27 - NI Act - Delay Condonation - Taking Cognizance

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Negotiable Instruments Act

Sri Om Sales v. Abhay Kumar @ Abhay Patel - 2025 INSC 1474 BNSS/CrPC - Quashing - Cheque Bounce Complaint

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Negotiable Instruments Act

Bharat Mittal v. State of Rajasthan ; 2025 INSC 1459 - S.148 NI Act - Company Director - Referred to Larger Bench

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Negotiable Instruments Act

Golla Naraesh Kumar Yadav etc. v. Kotak Mahindra Bank 2025 INSC 1387 - CrPC - Transfer Of NI Act Cases

Code of Criminal Procedure 1973 - Section 406; Negotiable Instruments Act 1881 - Section 142 - Supreme Court doubts the correctness of the Judgment in Shri Sendhur Agro & Oil Industries vs. Kotak Mahindra Bank Ltd which held that mere convenience or inconvenience of the parties may not by itself

Negotiable Instruments Act Featured

Jai Balaji Industries Ltd. v. M/s HEG Ltd.; 2025 INSC 1362 - Cheque Bounce Case - Jurisdiction Of Courts

Read Judgment In LawLens Negotiable Instruments Act 1881 - Section 138,142(2)(a) -The jurisdiction to try a complaint filed under Section 138 in respect of a cheque delivered for collection through an account, i.e., an account payee cheque, is vested in the court within whose local jurisdiction

Negotiable Instruments Act

Virender Singh Dongwal v. Manju Aggarwal - S.138 NI Act - Quasi - Criminal

Negotiable Instruments Act - Section 138 - The offence under Section 138 of the NI Act is quasi-criminal in nature and is explicitly made compoundable under Section 147 of the Act. The legislative intent is to ensure the payment of money and promote the credibility of cheques- Referred to modified

Negotiable Instruments Act

Rajeev Khandelwal v. State of Maharashtra - S.138 NI Act - Settlement - Costs

Negotiable Instruments Act 1881 - Section 138 - During the pendency of the revision before High Court, the complainant and accused entered into an agreement. The accused was acquitted, subject to the condition that he shall deposit the cost with the State Legal Services Authority in accordance with the judgment

Negotiable Instruments Act

Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal 2025 INSC 1210 - S.138 NI Act - Trustees

💡Whether without making a Trust an accused, a complaint would be maintainable against a Trustee in the eye of law under the NI Act? Negotiable Instruments Act 1881 - Section 138 - When a cause of action arises due to an alleged dishonour of cheque and a complaint is initiated

Negotiable Instruments Act

Sanjabij Tari v. Kishore S. Borcar 2025 INSC 1158 - Income Tax Act - S.138 NI Act

💡Does violation of Section 269SS Income Tax (cash transaction above Rs.20,000) render the transaction unenforceable under Section 138 of the NI Act? Negotiable Instruments Act - Section 138,139 ; Income Tax Act- Section 269SS, 271D ; - Neither Section 269SS nor 271D of the IT Act, 1961 state that

Negotiable Instruments Act

Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul 2025 INSC 1133- S.138 NI Act - Demand Notice - Cheque Amount

Negotiable Instruments Act 1881- Section 138- It is mandatory that the demand in the statutory notice has to be the very amount of the cheque. After mentioning the exact cheque amount, the sender of the service may claim in the notice amounts such as legal charges, notice charges, interest and

Negotiable Instruments Act

Radhika Traders v. Ashtalaxmi Trading Company - S.138 NI Act- Cheque Bounce - Appeal By Complainant

Negotiable Instruments Act 1881 - Section 138 -Complainant in a case under Section 138 of the Act is entitled to maintain an appeal against acquittal even without seeking the leave of the Court - Referred to Celestium Financial Vs. A. Gnanasekara. (Para 5) Case Info Case Name and Neutral Citation

Negotiable Instruments Act

H. S. Oberoi Buildtech Pvt. Ltd & Ors. vs MSN Woodtech - S.138 NI Act - Limitation

Negotiable Instruments Act 1881 - Section 138,142- Once the statute prescribes a mandatory time limit for filing a complaint, there cannot be any deviation from the same except when an application accompanying the complaint is filed seeking condonation disclosing reasons for the delay and even then it is obligatory

Negotiable Instruments Act

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

Negotiable Instruments Act

Gian Chand Garg vs Harpal Singh - S.138 NI Act - Compounding

Negotiable Instruments Act - Section 147 - Although dishonour of cheque entails criminal consequence, the legislature by virtue of section 147 of the NI Act has made it compoundable notwithstanding the provisions of the Code of Criminal Procedure, 1973 and the same can be compounded at any stage of the

Negotiable Instruments Act

Mohammad Ali vs Sharanappa - S.138 NI Act - Fine & Compensation

Negotiable Instruments Act 1881 -Section 138 ; Code of Criminal Procedure 1973 - Section 357 - Section 138 of the Act authorises the learned Magistrate to impose by way of fine an amount which may extend to twice the amount of cheque, with or without imprisonment. In all such cases, where

Criminal

Prakash Chimanlal Sheth vs. Jagruti Keyur Rajpopat 2025 INSC 897 - S. 142 NI Act - Territorial Jurisdiction - Cheque Bounce Complaint

Negotiable Instruments Act 1881- Section 138,142 - The Court where the cheque is delivered for collection, that is, through an account in the Branch of the Bank where the payee maintains that account -[Context:In this case, SC held: Once it is established that, at the time of

Criminal

Dhanasingh Prabhu vs Chandrasekar 2025 INSC 831 - S.138 NI Act - Partnership Firm Not Arraigned As Accused

Negotiable Instruments Act 1881 - Section 138 - Even in the absence of partnership firm being named as an accused, if the partners of the partnership firm are proceeded against, they being jointly and severally liable along with the partnership firm as well as inter-se the partners of the firm,

Criminal

Celestium Financial vs A. Gnanasekaran 2025 INSC 804 - S.372 CrPC - Victim's Right To Appeal - Cheque Bounce Cases

💡 If the victim of an offence is a complainant, can he/she prefer an appeal under the proviso to Section 372 CrPC? Code of Criminal Procedure 1973 - Sections 372,378 [Section 413,419 BNSS] - The victim of an offence has the right to prefer an appeal under the

Criminal

HDFC Bank Limited vs State Of Maharashtra 2025 INSC 759- S.141 NI Act

❓What should complainant plead in Cheque Bounce complaint to attract Section 141 NI Act? Negotiable Instruments Act, 1881 - Section 138, 141 - The repetition of the exact words of the Section in the same order, like a mantra or a magic incantation is not the mandate of the law.

Criminal

Rajendra Anant Varik Vs Govind B. Prabhugaonkar 2025 INSC 633 - S.138 NI Act - Compounding - Article 142 Power

Negotiable Instruments Act- Section 138 - Supreme Court invoked Article 142 powers to to compound the offence under Section 138 NI Act and acquit the accused-subject to the condition that the entire amount [Cheque amount plus compensation amount] deposited by the accused-appellant shall be paid to the complainant-respondent, if the

Criminal

N. Vijay Kumar vs Vishwanath Rao N. 2025 INSC 537 - Ss. 138,139 NI Act - Cheque Bounce Case - Probable Defence

Negotiable Instruments Act - Section 118,138,139- Section 118 (a) assumes that every negotiable instrument is made or drawn for consideration, while Section 139 creates a presumption that the holder of a cheque has received the cheque in discharge of a debt or liability. Presumptions under both are rebuttable,

Criminal

S.C. Garg vs State Of Uttar Pradesh 2025 INSC 493 - S.138 NI Act - Res Judicata In Criminal Matters

Negotiable Instruments Act - Section 138 - The finding recorded by the jurisdictional criminal court in 138 NI Act proceedings between the parties would be binding to both the parties in any subsequent proceedings involving the same issue. (Para 12) Res Judicata - Principle of res judicata is equally applicable

Corporate Law

Rakesh Bhanot vs Gurdas Agro Pvt. Ltd. 2025 INSC 445 - S.96 IBC - Moratorium - S. 138 NI Act

Insolvency and Bankruptcy Code 2016 - Section 96 ; Negotiable Instruments Act 1881 - Section 138 - The statutory liability against the directors under Section 138 of the N.I. Act, 1881, is personal and hence, continues to bind natural persons, irrespective of any moratorium applicable to the corporate debtor. The

Criminal

Ashok Singh vs State Of Uttar Pradesh 2025 INSC 427 - S. 138 NI Act - Complainant's Financial Wherewithal

Negotiable Instruments Act 1881 - Section 138 - The onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour. Only if an objection is raised that