Search Results for Tag : Section 138
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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
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
Delhi HC: Notice of Complaint Should Issue Separately to Company & its Members to Initiate Proceeding(13.05.2022)
Delhi High Court has ruled that if the company is the drawer of the cheque, a notice of complaint should issue separately to the company and its membe.....
Tags : Delhi High Court, section 138, Negotiable Instrument Act, 1881
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
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
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
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
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 Urges Centre to Create Additional Courts for Section 138 NI Act(05.03.2021)
Supreme Court has urged the Central Government to consider the establishment of additional courts to deal with the "grotesque" problem of pendency of .....
Tags : Supreme Court, Additional Courts for Section 138 NI 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
Kerala High Court: Complaint Under Section 138 NI Act Not Maintainable Against Trustees(10.06.2019)
Kerala High Court has noted that 'Trust' is neither a 'juristic person' nor an 'association of individuals' as per Section 141 Negotiable Instruments .....
Tags : Kerala High Court, Section 138
Delhi HC: Cognizance of Section 138 NI Act Offence Will Not Automatically Result in Decree(04.08.2021)
Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881,.....
Tags : Delhi High Court, Offence under Section 138 NI Act
SC: Complaint Filed Under Section 138 NI Act Filed on Behalf of Company Not Liable to be Dismissed(11.11.2021)
Supreme Court has held that a complaint filed on behalf of a company under Section 138 of the Negotiable Instruments Act, 1881 is not liable to be dis.....
Tags : Supreme Court, Complaint Filed Under Section 138 NI Act
SC: Certifed Copy of Specimen Sign Can Be Procured From Bank if Sign on Cheque Disputed by Accused(30.01.2024)
Supreme Court has held that in a complaint under Section 138 of Negotiable Instruments Act, 1881 if accused is disputing the signature on cheque, then.....
Tags : Supreme Court, Specimen Sign, Sign on Cheque, Section 138 of NI 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
All. HC: Returning Unpaid Check With Endorsement of Account Closed Amounts to Dishnonor of Cheque(27.02.2024)
Allahabad High Court has held that if an unpaid cheque has been returned by bank with the endorsement Account Closed then it shall be equivalent to Di.....
Tags : Allahabad High Court, Section 138 of NI Act, Dishonor of Cheque, Account Closed
Kar. HC: Can’t Accept Photostat Copy of Unregistered Sale Agreement as Secondary Evidence(19.03.2024)
Karnataka High Court has held that for a trial being held under Section 138 of the Negotiable Instruments Act, a photocopy of an unregistered sale agr.....
Tags : Karnataka High Court, Section 138 of NI Act, Unregistered Sale Agreement, Secondary Evidence
Cheque Offered Only for Security, Supreme Court Sets Aside Conviction Under Section 138 of NI Act(03.04.2024)
Supreme Court set has aside a conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) on the ground of finding of the civil proc.....
Tags : Supreme Court, Section 138 of NI Act, Civil Proceedings, Security