'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases
3 years, 11 months ago

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases

Live Law  

A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.The directions are as follows :The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the. A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act. To conclusively deal with this aspect, amendment to the Act empowering the Trial Courts to reconsider/recall summons in respect of complaints under Section 138 shall be considered by the Committee constituted the Court on 10.03.2021 The order was passed by a bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao, BR Gavai, AS Bopanna and S Ravindra Bhat in the suo moto case In re Expeditious Trial of Cases Under Section 138 NI Act. Case Details Title : In Re Expeditious Trial Of Cases Under Section 138 of N.I Act Coram : Chief Justice of India SA Bobde, Justices L Nageswara Rao, BR Gavai, AS Bopanna and S Ravindra Bhat Appearances :Senior Advocates Sidharth Luthra, R Basant and Advocate K Parameshwar amici curiae Citation : LL 2021 SC 217

Trial High Courts Court Complaints Cases Courts Case High Committee Nageswara Rao Act Code Trial Courts Directions 138 Section 138 Section 138 Ni Act Section 138 Of Practice Directions Expeditious Trial R Basant Cheque Dishonour Cases  transaction  expeditious  138  complaints  ni  trial  cases  case  act  multiple  courts  court  supreme  single  high  directions  issues

History of this topic

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court
3 days, 15 hours ago

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

Live Law  

The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016, then the proceedings under S.138 NI Act cannot be continued against the ex-director of the …

HC directs sessions court to expedite trial in Avaniapuram custodial death case
1 week, 6 days ago

HC directs sessions court to expedite trial in Avaniapuram custodial death case

The Hindu  

The Madurai Bench of the Madras High Court has directed the Sixth Additional District and Sessions Court in Madurai to expedite the trial in the 2019 Avaniapuram custodial death case. A Division Bench of Justices J. Nisha Banu and S. Srimathy took note of the fact that charge sheet had been filed and taken on the file of the Sixth …

NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court
Trending News
2 weeks, 1 day ago

NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court

Live Law  

The Supreme Court today ruled that a cheque dishonor complaint under Section 138 of the Negotiable Instruments Act, 1881, should be filed in the court having jurisdiction over the branch of the bank where the payee maintains an account i.e., where the cheque is presented for collection. “A conjoint reading of Section 142 along with the explanation thereof, makes the …

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance
1 month ago

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance

India Today  

The Bombay High Court on Monday criticised the Maharashtra government for its lackadaisical approach in taking action against its own Additional Public Prosecutor, who was absent during the hearing of a case under the Scheduled Castes and Scheduled Tribes Act. The bench of Justice Prithviraj Chavan was hearing a petition filed by one SV Guthule, who belongs to the Scheduled …

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts
1 month, 1 week ago

Madras High Court Issues Directions To Clear Backlog Of Cheque Bounce Cases In Magistrate Courts

Live Law  

Noting the pendency of cases under Section 138 of the Negotiable Instruments Act, the Madras High Court has issued a slew of directions for speedy of disposal of cases. “Judicial notice can be taken of the fact that cases under Section 138 of the Negotiable Instruments Act, 1881 are clogging the Magistrate Courts for years on account of various reasons. …

Madras High Court issues directions for speedy disposal of cheque bounce cases
1 month, 1 week ago

Madras High Court issues directions for speedy disposal of cheque bounce cases

The Hindu  

The Madras High Court has issued a slew of directions to the trial courts for the speedy disposal of cheque bounce cases after finding that cases under Section 138 of the Negotiable Instruments Act of 1881 had been pending for years before the Judicial Magistrates due to various reasons. The judge recalled the Supreme Court to have found 33.44 lakh …

Suo motu revision against Ponmudy’s acquittal: Madras High Court to begin final hearing on April 7
1 month, 2 weeks ago

Suo motu revision against Ponmudy’s acquittal: Madras High Court to begin final hearing on April 7

The Hindu  

The Madras High Court on Monday decided to commence on April 7, 2025, the final hearing on a suo motu revision petition taken up by it in August 2023 against the acquittal of Higher Education Minister K. Ponmudy, his wife P. Visalatchi, and another individual in a disproportionate assets case registered against them in 2002. ‘Attempt to manipulate justice system’ …

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore
1 month, 3 weeks ago

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore

Live Law  

A Magistrate Court in Mumbai has recently convicted Elder Pharmaceuticals Ltd. for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, imposing a cost of Rs. 1 had issued cheque to the complainant for discharge of legal liability and it was presented by complainant to bank and even after statutory demand notice accused failed …

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore
1 month, 3 weeks ago

Section 138 NI Act | Mumbai Court Convicts Pharma Company In Cheque Dishonour Case, Imposes Fine Of ₹1.83 Crore

Live Law  

A Magistrate Court in Mumbai has recently convicted Elder Pharmaceuticals Ltd. for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, imposing a cost of Rs. 1 had issued cheque to the complainant for discharge of legal liability and it was presented by complainant to bank and even after statutory demand notice accused failed …

Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court
1 month, 3 weeks 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.138 NI Act | Trial Can Proceed In Absence Of Accused If He Neither Enters Appearance Nor Seeks Exemption From Personal Attendance: Bombay HC
1 month, 3 weeks ago

S.138 NI Act | Trial Can Proceed In Absence Of Accused If He Neither Enters Appearance Nor Seeks Exemption From Personal Attendance: Bombay HC

Live Law  

The Bombay High Court has observed that a Magistrate is justified in proceeding with a trial for the offence under Section 138 of the Negotiable Instruments Act in the absence of the accused and without recording a statement under Section 313 CrPC, if the accused or their advocate has not been attending the trial or the accused has not sought …

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
2 months ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers
2 months, 2 weeks ago

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers

Live Law  

The Supreme Court today slammed Maharashtra authorities over non-payment of timely compensation to persons whose lands were compulsory acquired by the state way back in 2005. A bench of Justices Surya Kant and N Kotiswar Singh was dealing with the petitioner's plea against a High Court order, whereby the Zilla Parishad was directed to pay compensation to respondent-claimants against compulsory …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 months, 3 weeks ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal
3 months, 1 week ago

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal

Live Law  

The Gauhati High Court on Monday, directed its Registry to take necessary steps for listing all pending twenty criminal petitions and criminal revision petitions involving MPs or MLAs before a Special Bench within 10 days, after obtaining necessary approval of the Chief Justice on the administrative side. The Apex Court, in the said writ petition, had sought detailed reports from …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
3 months, 1 week ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials
3 months, 2 weeks ago

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials

Live Law  

The Supreme Court has initiated a suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar will hear the suo motu case on Monday.The case is titled "In Re : Adverse Effect of Stay Orders Granted By Appellate Courts On …

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

Disproportionate asset cases: Supreme Court stays restoration of trials against T.N. Ministers Ramachandran, Thennarasu
6 months, 2 weeks ago

Disproportionate asset cases: Supreme Court stays restoration of trials against T.N. Ministers Ramachandran, Thennarasu

The Hindu  

The Supreme Court, on Friday, stayed the operation of an August 9 judgment of the Madras High Court reviving the criminal prosecution of Tamil Nadu Ministers K.K.S.S.R. A Bench headed by Justice Hrishikesh Roy froze the implementation of the judgment by the High Court’s Single Judge Bench of Justice N. Anand Venkatesh, which had invoked suo motu powers of revision …

S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court
8 months, 3 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
10 months, 2 weeks 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
11 months, 2 weeks 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] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction
1 year, 1 month ago

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction

Live Law  

The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque. Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to …

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court
1 year, 2 months 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, 2 months 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 …

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu
1 year, 3 months ago

Madras High Court calls for details of cases pending against all MPs/MLAs across Tamil Nadu

The Hindu  

The Madras High Court on Monday directed the State government to submit complete details regarding the number of criminal cases pending against MPs and MLAs in the State, the courts in which they are pending and the stage of the proceedings before those courts. First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy asked Advocate …

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment
1 year, 4 months ago

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment

Live Law  

The Supreme Court on Friday ordered expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court. The petitioner, who is currently a sitting judge of the Gauhati High Court, had approached the Top Court seeking expunction of some disparaging remarks made in …

Madras High Court takes up suo motu revision of Minister Ponmudy’s acquittal from disproportionate assets case
1 year, 7 months ago

Madras High Court takes up suo motu revision of Minister Ponmudy’s acquittal from disproportionate assets case

The Hindu  

In a rare move, the Madras High Court on Thursday, August 10, 2023 took up a suo motu revision against the recent acquittal of Higher Education Minister K. Ponmudy, his wife and friend by a trial court from a disproportionate assets case registered in 2002. To get today’s top stories from the State in your inbox, subscribe to our Tamil …

Madras High Court to review Tamil Nadu minister Ponmudy's acquittal
1 year, 7 months ago

Madras High Court to review Tamil Nadu minister Ponmudy's acquittal

India Today  

The Madras High Court has decided to take up a suo motu revision of the order of a court in Vellore which acquitted Tamil Nadu Higher Education Minister and senior DMK leader K Ponmudy and his wife in a disproportionate assets case registered by the Directorate of Vigilance and Anti-Corruption. On June 28, a principal sessions court in Vellore acquitted …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 9 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response
2 years, 1 month ago

Pendency Of NIA Cases In Designated Special Courts: Delhi High Court Seeks MHA’s Response

Live Law  

The Delhi High Court has sought response of Ministry of Home Affairs on a plea highlighting the pendency of cases registered under National Investigation Agency Act in two designated special courts of the national capital.At present, the NIA cases in Patiala House Courts are being heard by two special courts i.e. The Delhi High Court has sought response of Ministry …

Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court
2 years, 3 months ago

Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court

Live Law  

The Delhi High Court has held that any infirmity in the cheque return memo does not render the entire trial under Section 138 of the Negotiable Instruments Act as nullity.Observing that cheque return memo is a memo informing the payee and its banker about the dishonour of a cheque, Justice Sudhir Kumar Jain said if the said cheque return memo …

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court
2 years, 5 months ago

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court

Live Law  

The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari …

S.138 NI Act | Non-Executive Directors Not Liable For Company's Actions/ Omissions Unless Involved In Day-To-Day Affairs: Bombay High Court
2 years, 8 months ago

S.138 NI Act | Non-Executive Directors Not Liable For Company's Actions/ Omissions Unless Involved In Day-To-Day Affairs: Bombay High Court

Live Law  

The Bombay High Court has quashed criminal proceedings against independent non-executive directors of Tecpro Systems Ltd while stating that they were not responsible for day-to-day functioning of the company. Elektromag Devices Private Ltd. Elektromag had filed a complaint under Section 138 of NI Act against Tecpro Systems, a material handling company, alleging that the cheque worth almost Rs. The court …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 8 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

Sec 138 NI Act- Set Up Pilot Courts With Retired Judges For Cheque Bounce Cases In 5 States With Highest Pendency : Supreme Court
2 years, 10 months ago

Sec 138 NI Act- Set Up Pilot Courts With Retired Judges For Cheque Bounce Cases In 5 States With Highest Pendency : Supreme Court

Live Law  

With a view of reduce the pendency of cheque bounce cases under Section 138 of the Negotiable Instruments Act, the Supreme Court on Thursday directed the establishment of pilot courts presided over by retired judges in 5 districts of 5 states with the highest pendency. Number of Courts: 25 Special Court in total Presiding Officers and Staff: Retired Judicial officer …

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench
2 years, 11 months ago

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench

Live Law  

Madras High Court has recently dismissed a plea challenging the NGT Office Order which mandated that Pan India matters should be heard by the Principal Bench at New Delhi. The plea was filed by one Meenava Thanthai K.R Selvaraj to quash the Office Order dated 12.06.2021 bearing No.NGT/PB/Judl./18/2020/221 issued by the Registrar General of the Principal Bench of the National …

S 138 NI Act: Treat Service Of Summons In One Complaint As Deemed Service In All Complaints Arising Out Of Same Transaction – Bombay High Court Issues Guidelines
3 years, 1 month ago

S 138 NI Act: Treat Service Of Summons In One Complaint As Deemed Service In All Complaints Arising Out Of Same Transaction – Bombay High Court Issues Guidelines

Live Law  

Pursuant to Supreme Court's directions issued last year regarding expeditious trials in cases filed under section 138 of the Negotiable Instruments Act related cheque bouncing cases, the Bombay High Court has issued a circular setting out the following guidelines: 1.Magistrates trying offences under the NI Act convert a complaint under section 138 of the NI Act from summary trial to …

2021 Supreme Court Digest On Negotiable Instruments Act
3 years, 2 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 …

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17
3 years, 4 months ago

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17

Live Law  

The Delhi High Court has granted further time to its Registry for filing response with regards to the pendency of NIA cases in designated special courts in the national capital along with the reason for delay in the trials in such cases.The development came from the court of Justice Mukta Gupta while hearing a plea filed by an accused Manzer …

Supreme Court Registers Suo Motu Case On Issue Of Long Pendency Of Criminal Appeals In Allahabad High Court
3 years, 5 months ago

Supreme Court Registers Suo Motu Case On Issue Of Long Pendency Of Criminal Appeals In Allahabad High Court

Live Law  

The Supreme Court on Tuesday registered a suo motu case on the issue of long pendency of criminal appeals in the Allahabad High Court. A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh ordered the registration of the suo motu case, after noting that the suggestions given by the Allahabad High Court in its affidavit are "cumbersome". The bench …

Andhra Pradesh High Court Defers Issuance Of Notice In Suo Moto Revision Over Withdrawal Of Cases Against Chief Minister
3 years, 8 months ago

Andhra Pradesh High Court Defers Issuance Of Notice In Suo Moto Revision Over Withdrawal Of Cases Against Chief Minister

Live Law  

The Andhra Pradesh High Court on Friday deferred issuing notice in the suo moto criminal revision petitions registered over the withdrawal of criminal cases against Chief Minister YS Jagan Mohan Reddy.A single bench of Justice Lalitha Kanneganti said that it wanted to first examine the administrative committee's report, on the basis of which the suo moto cases were registered by …

Andhra Pradesh High Court Takes Suo Moto Revision Over Withdrawal Of Cases Against Chief Minister; State Objects
3 years, 8 months ago

Andhra Pradesh High Court Takes Suo Moto Revision Over Withdrawal Of Cases Against Chief Minister; State Objects

Live Law  

In an extraordinary development, the Andhra Pradesh High Court took suo moto cognizance against the withdrawal of eleven criminal complaints against the Chief Minister YS Jagan Mohan Reddy.The registry of the Court registered eleven suo moto criminal revision cases against the eleven orders passed by different Magistrates allowing the withdrawal of the criminal complaints against the. In an extraordinary development, …

Criminal Cases Against MPs/MLAs: Infrastructure In Place, Special Courts To Dispose Of Cases Quickly: Madras High Court Closes Suo Moto Plea
3 years, 9 months ago

Criminal Cases Against MPs/MLAs: Infrastructure In Place, Special Courts To Dispose Of Cases Quickly: Madras High Court Closes Suo Moto Plea

Live Law  

The Madras High Court last week directed the Special Courts hearing pending criminal cases against the MLAs and MPs to dispose of the cases as quickly as possible and with this direction, the Suo Moto Plea was closed.The bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition wherein the Court had taken suo moto cognizance …

Section 138 NI Act - Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: Supreme Court
3 years, 11 months ago

Section 138 NI Act - Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: Supreme Court

Live Law  

A Constitution Bench of the Supreme Court has directed that Magistrates have to record reasons before converting trial of complaints under Section 138 of Negotiable Instruments Act from summary trial to summons trial in exercise of power under the second proviso to Section 143 of the Act. "The High Courts are requested to issue practice directions to the Magistrates to …

Section 138 NI Act : Supreme Court Forms Committee To Suggest Steps For Expeditious Trial Of Cheque Dishonour Cases
4 years ago

Section 138 NI Act : Supreme Court Forms Committee To Suggest Steps For Expeditious Trial Of Cheque Dishonour Cases

Live Law  

A Constitution Bench of the Supreme Court has on Wednesday directed the formation of a Committee under Chairmanship of former Bombay High Court judge Justice RC Chavan to consider steps to be taken for expeditious disposal of cheque bounce cases under Section 138 of the Negotiable Instruments Act. A Constitution Bench led by CJI Bobde found it appropriate to form …

'Pendency Of Cheque Dishonour Cases Grotesque' : Supreme Court Urges Centre To Create Additional Courts For Sec 138 NI Act
4 years ago

'Pendency Of Cheque Dishonour Cases Grotesque' : Supreme Court Urges Centre To Create Additional Courts For Sec 138 NI Act

Live Law  

The Supreme Court on Thursday urged the Central Government to consider the establishment of additional courts to deal with the "grotesque" problem of pendency of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.A Constitution Bench headed by the Chief Justice of India SA Bobde told the Solicitor General Tushar Mehta that the power under Article 247 of …

High Court Seeks Details Of All Pending Cases Against MPs/MLAs in States Of Punjab, Haryana & U.T. Chandigarh
4 years ago

High Court Seeks Details Of All Pending Cases Against MPs/MLAs in States Of Punjab, Haryana & U.T. Chandigarh

Live Law  

The Punjab & Haryana High Court on Thursday sought information of all the cases pending against the MPs/MLAs in the States of Punjab, Haryana & U.T. No.600/2016, the Punjab & Haryana High Court has registered a suo motu petition for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators. A division bench of Madras High …

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