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Articles for 138 Ni Act

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC
4 months ago

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC

Live Law  

While hearing a matter on cheque bounce under the Negotiable Instruments Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt. A single judge …

Trial Court Trial Court Accused High His Statement Cheque
Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC
6 months, 3 weeks ago

Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC

Live Law  

The Allahabad High Court has observed that if the cheque is dishonoured and returned with the endorsements - case referred to drawer, instruction for stoppage of payment, exceeds arrangement, insufficient fund, signature differed or mismatch or account closed - then it will be sufficient for prima facie case for issuing process under Section 138 NI Act. A bench of Justice …

Court Applicant Case Complaint Filed Endorsement Closed
S. 138 NI Act | Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court
10 months, 1 week ago

S. 138 NI Act | Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court

Live Law  

In a significant ruling, the Allahabad High Court has held that a demand notice sent to the drawer of a cheque through 'email or WhatsApp' under Section 138 of the Negotiable Instrument for the dishonour of a cheque, is a valid notice and the same shall be deemed to be dispatched and served on the same date, if it fulfils …

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Supreme Court Weekly Round-Up: October 10 To October 16, 2022
2 years, 2 months ago

Supreme Court Weekly Round-Up: October 10 To October 16, 2022

Live Law  

JUDGMENT THIS WEEK Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law. Supreme Court Seeks Information From High Courts In a PIL seeking …

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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, 2 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 Court Negotiable Instruments Act Debt Payment Act Para
Section 138 NI Act - Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: Supreme Court
3 years, 8 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 …

Record Supreme Court High Courts Complaints Courts Issue Act
'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, 8 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 …

Trial High Courts Court Complaints Cases Courts Case
Section 138 NI Act A 'Civil Sheep' In A 'Criminal Wolf's Clothing'; Quasi-Criminal In Nature : Supreme Court
3 years, 9 months ago

Section 138 NI Act A 'Civil Sheep' In A 'Criminal Wolf's Clothing'; Quasi-Criminal In Nature : Supreme Court

Live Law  

The Supreme Court has observed that criminal proceedings for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, are "quasi-criminal" in nature.The Court also made an interesting comment that Section 138 proceedings can be called a "civil sheep" in a "criminal wolf's clothing".A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph made these. The …

Nature Supreme Court Court Civil Criminal Proceedings Bench
Section 138 NI Act : Supreme Court Seeks Centre's Views On Creation Of Additional Courts For Cheque Dishonour Case
3 years, 9 months 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 …

Supreme Court Trial Court Cases Courts Union Bench
Section 138 NI Act: Cheque Not Valid If Amount Written Is Uncertain, Holds Delhi Court [Read Order]
4 years, 4 months ago

Section 138 NI Act: Cheque Not Valid If Amount Written Is Uncertain, Holds Delhi Court [Read Order]

Live Law  

A Delhi Court has recently held that an instrument cannot be termed as a cheque, if it does not specify a "certain amount" of money to be paid to a certain person. "There could have been no dispute about this instrument being a cheque within the definition of section 6 of the NI Act but for its failure to meet …

Words Court Case Act Valid Certain 138