Will prosecution U/S 138 NI Act sustain if part payments are made after issuance of Cheque? SC leaves the issue open [Read Judgment]
9 years ago

Will prosecution U/S 138 NI Act sustain if part payments are made after issuance of Cheque? SC leaves the issue open [Read Judgment]

Live Law  

If part payments or settlements made after the issuance of a Cheque, Can the Complainant issue a demand for a lesser amount? Whether in such circumstances the criminal prosecution for Dishonour of a Cheque under Section 138 of Negotiable Instruments Act, for higher amount is legally sustainable or not? A complaint under Section 138 Negotiable Instrument Acts was lodged which was later quashed by the High Court as the respondents approached it under Section 482 of the Code of Criminal Procedure. If the entire payment is not made within the time indicated above then this order shall stand recalled and the complainant will be at liberty to move the concerned court for proceeding with the criminal case any time in April 2017 by virtue of the present order, the Bench said.

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History of this topic

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court
Trending News
2 weeks, 2 days ago

S. 138 NI Act | Cheque Bounce Case Not Maintainable If Complainant Is Party To Illegal Transaction: Orissa High Court

Live Law  

In an important decision, the Orissa High Court has held that a complainant cannot maintain a case for cheque bounce against the accused under Section 138 of the Negotiable Instruments Act, 1881 if she herself is a party to illegal transaction, or in other words, if initially credit was given by the complainant for achieving an illegal purpose. Roy, Virender …

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court
2 months ago

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court

Live Law  

Quashing multiple complaints filed under Section 138 of the Negotiable Instruments Act, 1881 citing failure to adhere to mandatory conditions laid down in the Act the Jammu and Kashmir and Ladakh High Court has ruled that Section 138 of the Act being penal in nature, indisputably, warrants strict construction, hence making compliance with its proviso clauses,, and essential before initiating …

S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court
3 months, 4 weeks ago

S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court

Live Law  

The Supreme Court recently reiterated that the official signatory of the company does not assume the status of a 'drawer of a cheque' to attract the liability for payment of compensation under Section 148 of the Negotiable Instruments Act, 1881. “To wit, as in the case of the position qua Section 143A, NI Act, merely because an officer of a …

Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation
5 months ago

Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused. The court dismissed an appeal filed by one Choudhary Piara Singh against an acquittal order issued by the Trial Court in …

High Court Rejects Plea to Dismiss Cheque Bounce Complaint
5 months ago

High Court Rejects Plea to Dismiss Cheque Bounce Complaint

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, even if a civil suit for recovery of the money is instituted. The court relied on the Apex court judgment in the case of D.PURUSHOTAMA REDDY v. K.SATEESH, (2008) 8 SCC 505, which held that two …

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
7 months, 1 week ago

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

Live Law  

The Supreme Court reiterated that dishonour of cheque cases can be compounded under Section 147 of the Negotiable Instruments Act only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power under Section 482 Cr.P.C. Act, in the absence of …

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
7 months, 1 week ago

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court. Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. …

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
8 months, 2 weeks ago

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court

Live Law  

The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996. Therefore, the institution of the proceedings under Section 138 does not imply a 'continuing cause of action' for the purpose of initiating arbitration, as erroneously …

S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court
11 months ago

S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court

Live Law  

Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has compensated the complainant.The Court also observed that mere repayment of the amount cannot mean that the appellant is absolved from the criminal liabilities under Section 138 of the. Recently, …

[Cheque Dishonour] Complainant Failed To Prove Cheque Was Issued Against Legally Enforceable Debt: Kerala High Court Acquits Accused
1 year ago

[Cheque Dishonour] Complainant Failed To Prove Cheque Was Issued Against Legally Enforceable Debt: Kerala High Court Acquits Accused

Live Law  

The Kerala High Court has held that a complainant under the Negotiable Instruments Act cannot rely on the presumption that the holder of a negotiable instrument has paid consideration for it when his claim is inconsistent.It upheld the acquittal of the accused upon noting that the complainant in the present case had failed to prove that the cheque had been …

S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court
1 year ago

S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court

Live Law  

The Allahabad High Court has held that the cause of action under Section 142 of the Negotiable Instruments Act, 1881 arises after expiry of 15 days granted to the drawer to pay the amount to the payee/cheque holder under clause of Section 138 of the Act. Section 142 of the NI Act provides that a complaint must be made within …

S.138 NI Act | Availability Of Funds In Other Bank Accounts Not A Defence; Cheque Dishonour Relates To Specific Account: Supreme Court
1 year, 3 months ago

S.138 NI Act | Availability Of Funds In Other Bank Accounts Not A Defence; Cheque Dishonour Relates To Specific Account: Supreme Court

Live Law  

Recently, the Supreme Court categorically held that in proceedings initiated for bounced cheques, the defence that there are sufficient funds in the other bank accounts cannot be appreciated.“In a proceeding under Section 138 of the Negotiable Instruments Act, the accused cannot rely upon other bank accounts for. Recently, the Supreme Court categorically held that in proceedings initiated for bounced cheques, …

Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains
1 year, 5 months ago

Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains

Live Law  

Reiterating the principles relating to the presumption under Section 139 of the Negotiable Instruments Act 1881, the Supreme Court reversed the acquittal of an accused in a case for cheque dishonour.A bench comprising Justices Aravind Kumar and SVN Bhatti observed that there was a "fundamental flaw" in the approach taken by both the Trial Court and the High Court.Summarising the …

Supreme Court Annual Digest 2022- Negotiable Instruments Act
2 years, 2 months ago

Supreme Court Annual Digest 2022- Negotiable Instruments Act

Live Law  

Negotiable Instruments Act, 1881 Section 3 - Banker Negotiable Instruments Act, 1881 - Section 3 - ‘Banker’ includes any person acting as a banker and any post office savings bank. Pradeep Kumar v. Post Master General, 2022 LiveLaw 139 : 6 SCC 351 Section 13 - “Negotiable instrument” Negotiable Instruments Act, 1881 - Section 13 - Different principles apply for …

S.138 NI Act | Director Cannot Be Prosecuted For Cheque Dishonour Without Arraying Company As Accused: Kerala High Court Reiterates
2 years, 5 months ago

S.138 NI Act | Director Cannot Be Prosecuted For Cheque Dishonour Without Arraying Company As Accused: Kerala High Court Reiterates

Live Law  

The Kerala High Court has reiterated that when a cheque issued by a company is dishonored, prosecution under Section 138 of the Negotiable Instruments Act against its Director shall not sustain if the company is not arrayed as an accused. Justice A. Badharudeen relying on the law laid down by the Apex Court, observed that prosecution against the director of …

Cheque Dishonour Case Convict Agrees To Pay After 10 Yrs Litigation; Supreme Court Imposes Rs 5 Lakh Cost For Wasting Judicial Time
2 years, 5 months ago

Cheque Dishonour Case Convict Agrees To Pay After 10 Yrs Litigation; Supreme Court Imposes Rs 5 Lakh Cost For Wasting Judicial Time

Live Law  

A party faced the ire of the Supreme Court for taking a cheque dishonour dispute to the level of apex level before agreeing to settle the matter with the complainant. The appellant had approached the Supreme Court challenging the concurrent orders of conviction passed by three courts against him for the offence of cheque dishonour under Section 138 of the …

No Offence Under Section 138 NI Act If Cheque Is Presented For Full Amount Without Endorsing Part Payment Made By Borrower : Supreme Court
2 years, 5 months ago

No Offence Under Section 138 NI Act If Cheque Is Presented For Full Amount Without Endorsing Part Payment Made By Borrower : Supreme Court

Live Law  

In a significant judgment, the Supreme Court on Tuesday held that no offence for dishonour of cheque under Section 138 of the Negotiable Instruments Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque.The Court held that the sum reflected on the cheque …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) Negotiable Instruments Act, 1881
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) Negotiable Instruments Act, 1881

Live Law  

Code of Criminal Procedure, 1973; Section 482 - Negotiable Instruments Act, 1881; Section 138,139 - The Court should be slow to grant the relief of quashing a complaint at a pre-trial stage, when the factual controversy is in the realm of possibility particularly because of the legal presumption - In a situation where the accused moves Court for quashing even …

High Courts Should Be Slow To Grant Relief Of Quashing Complaint U/Sec 138 NI Act At A Pre Trial Stage: Supreme Court
2 years, 11 months ago

High Courts Should Be Slow To Grant Relief Of Quashing Complaint U/Sec 138 NI Act At A Pre Trial Stage: Supreme Court

Live Law  

The Supreme Court observed that a High Courts should be slow to grant the relief of quashing a complaint under Section 138 of Negotiable Instruments Act at a pre-trial stage.In a situation where the accused moves Court for quashing even before trial has commenced, the Court's approach should be careful enough to not to prematurely extinguish the case by disregarding …

2021 Supreme Court Digest On Negotiable Instruments Act
3 years, 3 months ago

2021 Supreme Court Digest On Negotiable Instruments Act

Live Law  

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque DishonourIn P Mohanraj and others v M/s Shah Brothers Ispat Ltd, the Supreme Court held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments. Moratorium …

Section 138 NI Act Attracted Even In Cases Where Debt Is Incurred After Cheque Is Drawn But Before Presentation: Supreme Court
3 years, 3 months ago

Section 138 NI Act Attracted Even In Cases Where Debt Is Incurred After Cheque Is Drawn But Before Presentation: Supreme Court

Live Law  

The Supreme Court observed that Section 138 of Negotiable Instruments Act is attracted in cases where debt is incurred after the drawing of the cheque but before its encashment.The true purpose of Section 138 would not be fulfilled, if 'debt or other liability' is interpreted to include only a debt that exists as on the date of drawing of the …

Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat
3 years, 9 months ago

Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat

Live Law  

Prolegomenon to the Financial Transactions in Cheques: The law apropos negotiable instruments is the law of the commercial world legislated to facilitate the activities & transactions in trade and commerce and further, to bolster the efficacy of banking operations as well as to foster remittances through cheques to discharge debt obligations & liabilities eventually, not only inspiring confidence in creditors …

Section 138 NI Act : Supreme Court Seeks Centre's Views On Creation Of Additional Courts For Cheque Dishonour Case
4 years, 1 month ago

Section 138 NI Act : Supreme Court Seeks Centre's Views On Creation Of Additional Courts For Cheque Dishonour Case

Live Law  

The Supreme Court on Thursday sought the views of the Central Government on the creation of additional courts for the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.A bench comprising Chief Justice of India S A Bobde, Justices L Nageswara Rao and S Ravindra Bhat asked the Additional Solicitor General Vikramjit Banerjee if the …

Dishonour Of Cheques- Blank Cheque Would Attract Presumption U/s 139 NI Act If Signatures Are Admitted: Supreme Court
4 years, 1 month ago

Dishonour Of Cheques- Blank Cheque Would Attract Presumption U/s 139 NI Act If Signatures Are Admitted: Supreme Court

Live Law  

The Supreme Court observed that even a blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act when signatures are admitted by the accused.The bench comprising Justices NV Ramana, Surya Kant and Aniruddha Bose observed that 'reverse onus' clauses under Section 118 and Section 139 of the Negotiable Instruments Act become operative once the signature. The …

Decriminalization Of Dishonour Of Cheque And Fundamentals About Section 138 Of The N.I Act, 1881
4 years, 9 months ago

Decriminalization Of Dishonour Of Cheque And Fundamentals About Section 138 Of The N.I Act, 1881

Live Law  

The outbreak of the novel COVID-19 has an impact on almost all the sectors across the globe and economy being no exception. Further, in Sasseriyil Joseph v. Devassia, vide order dated 10.09.2001, while upholding the view taken by the High Court of Kerala, the Supreme Court held that the cheque in question was issued by the accused for debt which …

Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SC [Read Judgment]
5 years, 1 month ago

Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act cannot be quashed when disputed questions of facts are involved. In this case, the High Court, in a petition filed by the accused, observed that the criminal case has been filed under Section 138 of N.I. Regarding the power under Section 482 …

Complaint U/s 138 NI Act Maintainable Against Dishonour Of Cheque Issued Pursuant To Lok Adalat Award: SC [Read Order]
5 years, 4 months ago

Complaint U/s 138 NI Act Maintainable Against Dishonour Of Cheque Issued Pursuant To Lok Adalat Award: SC [Read Order]

Live Law  

The Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act for dishonor of a cheque issued pursuant to the Lok Adalat award is maintainable. In appeal filed by the complainant, the Apex Court bench comprising of Justice Indira Banerjee and Justice MR Shah noted that in Lalit Kumar Sharma case, the cheque had not …

Dishonour Of Cheques: 14 Latest Supreme Court Judgments
5 years, 9 months ago

Dishonour Of Cheques: 14 Latest Supreme Court Judgments

Live Law  

Section 148 NI Act Retrospective In this case, the Supreme Court held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Complainant Need Not Prove Source Of Fund, Once Section 139 Presumption Is Drawn The …

Section 138 NI Act: Notice Demanding 'Loan Amount' Not Invalid If It Is Same As 'Cheque Amount': SC [Read Order]
5 years, 11 months ago

Section 138 NI Act: Notice Demanding 'Loan Amount' Not Invalid If It Is Same As 'Cheque Amount': SC [Read Order]

Live Law  

The Supreme Court has observed that a demand notice issued under Section 138 of the Negotiable Instruments Act, claiming 'loan amount', does not become invalid, if it is same as the amount covered under the dishonoured cheque. Before the Apex Court, the accused, relying upon clause of the proviso to Section 138 of the NI Act, contended that the demand …

Complaint Under Section 138 NI Act Maintainable Against Dishonour Of Cheques Issued In Pursuance Of Agreement For Sale: SC [Read Judgment]
6 years ago

Complaint Under Section 138 NI Act Maintainable Against Dishonour Of Cheques Issued In Pursuance Of Agreement For Sale: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act is maintainable when there is dishonour of cheques issued under and in pursuance of the agreement to sell. The accused moved the High Court which quashed the complaint holding that cheques had not been issued for creating any liability or debt but for the …

138 NI Act- Subsequent Filling Of An Unfilled Signed Cheque Is Not An Alteration: SC [Read Judgment]
6 years, 1 month ago

138 NI Act- Subsequent Filling Of An Unfilled Signed Cheque Is Not An Alteration: SC [Read Judgment]

Live Law  

The Supreme Court has held that subsequent filling in of an unfilled signed cheque is not an alteration and even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque …

S.138 NI Act Offence Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed:Delhi HC [Read Judgment]
6 years, 8 months ago

S.138 NI Act Offence Attracted Even If Cheque Issued For Sale Consideration Not Disclosed in Sale Deed:Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act is attracted even if the cheque was issued in respect of sale consideration which was not disclosed in the sale deed. The trial court noted that even though the complainant stated the sale consideration to be Rs.20 lakhs, the value …

Dishonour Of Cheque-Presumption U/S 139 Of NI Act Can’t Be Rebutted By Mere Denial: SC Reiterates [Read Judgment]
6 years, 9 months ago

Dishonour Of Cheque-Presumption U/S 139 Of NI Act Can’t Be Rebutted By Mere Denial: SC Reiterates [Read Judgment]

Live Law  

The Supreme Court on Monday reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque.A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption …

Negotiable Instruments (Amendment) Bill: Addressing Dispute Over Cheque Bounce Cases
7 years, 2 months ago

Negotiable Instruments (Amendment) Bill: Addressing Dispute Over Cheque Bounce Cases

Live Law  

The Negotiable Instruments (Amendment) Bill of 2017 aims to reduce the delay in proceedings pertaining to dishonour of cheques and provide interim relief to the payee in such cases. The bill inserts a new Section 143A in the Act of 1881, making provision for the payment by the drawer of the dishonoured cheque to the payee thereof of interim compensation …

Breaking: SC Issues Directions For Speedy Disposal Of Cheque Cases; Court Can Close Proceedings On Satisfaction Of Payment Of Cheque Amount, Cost & Interest [Read Judgment]
7 years, 5 months ago

Breaking: SC Issues Directions For Speedy Disposal Of Cheque Cases; Court Can Close Proceedings On Satisfaction Of Payment Of Cheque Amount, Cost & Interest [Read Judgment]

Live Law  

The Supreme Court has clarified that an accused in a case under Section 138 of Negotiable Instruments Act can be discharged even without the consent of the complainant, if the Court is satisfied that the complainant has been duly compensated. The High Court refrained from interfering in the matter, in the light of judgment of the Supreme Court in JIK …

‘Security Cheques’ And The Surrounding Anomaly: The Negotiable Instruments Act, 1881
8 years, 1 month ago

‘Security Cheques’ And The Surrounding Anomaly: The Negotiable Instruments Act, 1881

Live Law  

INTRODUCTION:Section 6 of the Negotiable Instruments Act, 1881 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. In the case of, M/s Collage Culture & Ors v. Apparel Export …

‘Security Cheques’ And The Surrounding Anomaly: The Negotiable Instruments Act, 1881
8 years, 1 month ago

‘Security Cheques’ And The Surrounding Anomaly: The Negotiable Instruments Act, 1881

Live Law  

INTRODUCTION:Section 6 of the Negotiable Instruments Act, 1881 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. In the case of, M/s Collage Culture & Ors v. Apparel Export …

Part Payment Can’t Defeat Entire Cause Of Action in Cheque-Bouncing Cases: Calcutta HC [Read Judgment]
8 years, 3 months ago

Part Payment Can’t Defeat Entire Cause Of Action in Cheque-Bouncing Cases: Calcutta HC [Read Judgment]

Live Law  

In a recent judgment, the Calcutta High Court has held that part payment of a legally enforceable debt cannot defeat the entire cause of action in a dishonour of cheque case under Section 138 of the Negotiable Instruments Act.The high court was considering a petition filed by an accused in a cheque case against the concurrent finding and sentence in …

Only 1 matter under Negotiable Instruments Act pending in SC: Law Minister
9 years, 11 months ago

Only 1 matter under Negotiable Instruments Act pending in SC: Law Minister

Live Law  

As per information furnished by Supreme Court, there is only one matter relating to prosecution under Negotiable Instruments Act pending with them. As per information furnished by High Courts, 8,932 cases relating to Cheque dishonour under section 138 of Negotiable Instruments Act, 1881 were pending for more than five years as on 31.12.2014. Large volume of cases, difficulties faced by …

Breaking; Dishonour of Cheque Cases can only be filed before the Court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated;...
9 years, 11 months ago

Breaking; Dishonour of Cheque Cases can only be filed before the Court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated;...

Live Law  

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the proposal to introduce the Negotiable Instruments Bill, 2015 in Parliament. The main amendment included in this is the stipulation that the offence of rejection/return of cheque u/s 138 of NI Act will be enquired into and tried only by a Court within whose local jurisdiction the …

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]
10 years ago

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]

Live Law  

A two Judge Bench of the Supreme Court in HMT Watches Ltd. Vs. Abida it is held that a complaint filed U/S 138 of Negotiable Instrument Act for 'dis-honour of Cheque' cannot be quashed by High Court on the ground that 'Cheque was issued as Security', invoking the power U/S 482 of Criminal Procedure Code.While reversing a Judgment from High …

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]
10 years ago

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]

Live Law  

A two Judge Bench of the Supreme Court in HMT Watches Ltd. Vs. Abida it is held that a complaint filed U/S 138 of Negotiable Instrument Act for 'dis-honour of Cheque' cannot be quashed by High Court on the ground that 'Cheque was issued as Security', invoking the power U/S 482 of Criminal Procedure Code.While reversing a Judgment from High …

Dis-honour of Cheques issued by Purchasers as Advance Payment, does not amount an Offence as there is no legally enforceable debt; SC
10 years, 11 months ago

Dis-honour of Cheques issued by Purchasers as Advance Payment, does not amount an Offence as there is no legally enforceable debt; SC

Live Law  

In a Judgment which would make far reaching consequences in thousands of pending cheque bouncing cases in the Country, Supreme Court of India yesterday held that post-dated cheques issued by the purchasers as an advance payment in respect of purchase orders cannot be considered in discharge of legally enforceable debt or other liability, and the dishonour of such cheques does …

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