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Search Results for Tag : Negotiable Instruments Act

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Supreme Court: Offence u/s 138 of NI Act is Person Specific(31.08.2017)

Supreme Court has said that the offence u/s 138 of Negotiable Instruments Act is person specific. It was also clarified that the general concept under.....

Tags : Supreme Court, Negotiable Instruments Act



Karnataka HC: Invoking S.138 Of NI Act Does Not Bar Registration of Crime Under Section 420(16.05.2022)

Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked under .....

Tags : Karnataka High Court, Section 420 of Indian Penal Code, 1860, Negotiable Instruments Act, 1881



Madras HC: Signature & Thumb Impression Are Not Mandatory For Pro-Note Under NI Act(16.05.2022)

Madras High Court has ruled that it is not compulsory under the Negotiable Instruments Act, 1881 to obtain both signature and thumb impression for a p.....

Tags : Madras High Court, Negotiable Instruments Act, 1881, thumb impression, pro-note



Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)

Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....

Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881



Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)

Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....

Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment



Supreme Court: Set Up Pilot Courts to Deal With Cheque Bounce Cases(19.05.2022)

Supreme Court in a bid to reduce the pendency of cheque bounce cases under S. 138 of the Negotiable Instruments Act, ordered the establishment of pilo.....

Tags : Negotiable Instruments Act, Supreme Court, Cheque Bounce, Pilot Courts



NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)

National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....

Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques



Gujarat High Court: Unregistered Firm Has Locus to File Criminal Complaint for Cheque Dishonour(03.03.2017)

Gujarat High Court has ruled that an unregistered partnership firm can file a criminal complaint for a dishonoured cheque under section 138 of Negotia.....

Tags : Gujarat High Court, Unregistered Firm, Negotiable Instruments Act.



S. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act



Sec. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act



Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)

Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....

Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC



Notice Demanding Loan Amount Not Invalid if it is Same as Cheque Amount: SC(19.04.2019)

Supreme Court has observed that a demand notice issued under Section 138 of Negotiable Instruments Act, claiming 'loan amount', does not become invali.....

Tags : Supreme Court, Section 138 of Negotiable Instruments Act



CRIMINAL - Complaint U/s 138 NI Act Maintainable Where Cheque Was Issued in Pursuance of Agreement for Sale: SC(27.03.2019)

Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act is maintainable when there is dishonour of cheques iss.....

Tags : Supreme Court, Section 138 of the Negotiable Instruments Act



SC: Complaint u/s 138 NI Act Cannot be Quashed When Disputed Question of Facts are Involved(12.02.2020)

Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be quashed when disputed qu.....

Tags : Supreme Court, Complaint under Section 138 Negotiable Instruments Act, 1881



Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act



Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act



Chhattisgarh HC: Director Cannot Be Prosecuted u/s 138 of Negotiable Instruments Act(30.03.2022)

Chhattisgarh High Court has held that a director could not be charged under Section 138 of the Negotiable Instruments Act, 1881 without the company be.....

Tags : Chhattisgarh High Court, Section 138 of the Negotiable Instruments Act, Company



Demand Notice U/S 138 NI Act Need Not be Sent Through Advocate: Tripura HC(30.04.2019)

Tripura High Court has held that there is no requirement in the Negotiable Instruments Act that the demand notice under Section 138 of the Act is to b.....

Tags : Tripura High Court, Section 138 Negotiable Instruments Act



Supreme Court: Section 148 of Negotiable Instruments Act, 1881 Has Retrospective Effect(30.05.2019)

Supreme Court has observed that Section 148 of the Negotiable Instruments Act, 1881 as amended, shall be applicable in respect of the appeals against .....

Tags : Supreme Court, Negotiable Instruments Act



Calcutta High Court: Complaint Under Sec.138 NI Act Not Maintainable Without Presenting Cheque(08.09.2017)

Calcutta High Court has held that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act w.....

Tags : Calcutta High Court, Negotiable Instruments Act



P&H HC: Undisputed Signatures on Cheque in Itself Not Sufficient for Conviction U/S 138 of NI Act(30.05.2022)

Punjab and Haryana High Court while dealing with an application for grant of leave to appeal, has observed that undisputed signatures of the responden.....

Tags : Punjab and Haryana High Court, Section 138, Negotiable Instruments Act, 1881



Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)

Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....

Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour



Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)

Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....

Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand



Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)

Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....

Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders



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