S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint
8 months, 1 week ago

S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint

Live Law  

The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint. However, the complainant, after the evidence stage, filed the amendment application to change the date of the cheque mentioned in the complaint as 22.07.2012 instead of 22.07.2010. Disapproving the High Court's approach, the Supreme Court stated that the legal notice issued before the complaint also mentioned the date 22.07.2010.

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History of this topic

Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation
2 months, 1 week 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 …

S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court
6 months, 2 weeks ago

S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court

Live Law  

The Supreme Court today observed that transfer of a case for the offence of dishonour of cheque under S. 138 of the Negotiable Instruments Act 1881 cannot be sought at the instance of the accused.The vacation bench of Justices AS Oka and Rajesh Bindal dismissed a transfer petition sought at the behest of the accused involved in the offence under …

S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding, Mere Repayment Won't Absolve Accused : Supreme Court
8 months, 1 week 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, …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
9 months ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court
1 year ago

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court

Live Law  

In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed. “Considering the overall facts and circumstances of the …

S.138 NI Act : Supreme Court Slams Accused In Cheque Bounce Case For Not Honouring Undertaking To Pay; Imposes Rs 5 Lakhs Cost
1 year ago

S.138 NI Act : Supreme Court Slams Accused In Cheque Bounce Case For Not Honouring Undertaking To Pay; Imposes Rs 5 Lakhs Cost

Live Law  

The Supreme Court took a strong stand while affirming the suspension of the accused/ present appellant's sentence, who was convicted under Section 138 of the Negotiable Instruments Act, 1881.The Court highlighted that the complainant has been litigating since 2007, i.e., for almost 16 years, but has not been able to receive its due amount. The Supreme Court took a strong …

Question Whether Cheque Was Issued For A Time Barred Debt Or Not Cannot Be Decided In A Petition Under Section 482 CrPC : Supreme Court
2 years, 2 months ago

Question Whether Cheque Was Issued For A Time Barred Debt Or Not Cannot Be Decided In A Petition Under Section 482 CrPC : Supreme Court

Live Law  

The Supreme Court observed that the question whether the cheque in question had been issued for a time barred debt or not cannot be decided in a petition under Section 482 CrPC.The bench of Justices S. Abdul Nazeer and J B Pardiwala observed that this question is a matter of evidence.In this case, the Punjab and Haryana High Court quashed …

Section 138 NI Act Attracted Even In Cases Where Debt Is Incurred After Cheque Is Drawn But Before Presentation: Supreme Court
3 years, 1 month 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 …

Complaint U/s 138 NI Act Cannot Be Quashed When Disputed Question Of Facts Are Involved: SC [Read Judgment]
4 years, 10 months 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 …

Section 138 NI Act- 'Amount Due' Not Required To Be Proved As If Proving Debt Before Civil Court: SC [Read Judgment]
5 years, 2 months ago

Section 138 NI Act- 'Amount Due' Not Required To Be Proved As If Proving Debt Before Civil Court: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a complainant in a cheque bounce case need not prove the 'amount due' as if he is to prove a debt before civil court.The case of the complainant was that the accused purchased apple crops from him and the accounts were finally settled between him and the authorised agent of accused and a sum …

138NI Act-Proceedings Cannot Be Quashed On The Ground That Notice Not Served Within Statutory Period:SC [Read Order]
5 years, 4 months ago

138NI Act-Proceedings Cannot Be Quashed On The Ground That Notice Not Served Within Statutory Period:SC [Read Order]

Live Law  

The Supreme Court has recently held that the proceedings under Section 138 of the Negotiable Instruments Act cannot be quashed on the ground that the demand notice not duly served within the statutory period.The Court has reiterated that the service of notice to the accused under Section 138 of the Negotiable Instruments Act is a triable issue and cannot be …

138 NI Act- Subsequent Filling Of An Unfilled Signed Cheque Is Not An Alteration: SC [Read Judgment]
5 years, 11 months 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 …

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