Articles for Section 138

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]
2 days, 17 hours ago

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Live Law  

Judgments/Orders: Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable Case Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA. S.143A NI Act | Application Of Mind, Consideration Of Certain Factors By Magistrate Essential To Decide Quantum Of Interim Compensation: J&K High Court Case Title: MUJEEB UL ASHRAF DAR Vs MUSHTAQ …

India High Court Writ Jurisdiction Family Courts Court Citation Criminal Procedure
S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
1 week, 4 days ago

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC

Live Law  

“ From the aforesaid law laid down by the Apex Court in the case of Yogendra Pratap Singh and Gajanand Burange, it is apparent that in a case where the complaint was filed before the expiry of a period of fifteen days stipulated in the notice which is required to be served upon the drawer of the cheque, the Court …

Law Court Case Accused Complaint Filed Expiry
Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement
1 week, 6 days ago

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

Live Law  

In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 Cr.P.C. S.162 Cr.P.C., 1973 S.181 BNS, 2023 162: Statements to police not to be signed: Use of statements in evidence No statement made by any person to a police officer in the course of an investigation …

Writing Evidence Court Witness Prosecution Statements Act
Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 weeks, 2 days 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 …

Supreme Court Negotiable Instruments Act Bank Criminal Proceedings 2024 Accused Act
Karnataka High Court Annual Digest 2024 [Part I]
2 weeks, 2 days ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

India Society Bengaluru Karnataka Justice High Court Writ Petition
S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court
2 weeks, 6 days ago

S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court

Live Law  

The Supreme Court reiterated that the authorised signatory of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque drawn on the company's account unless the company is arraigned as the principal accused. The Sessions Court upheld the conviction, but the Calcutta High Court reversed it, ruling that the cheque …

Supreme Court Court Director Company Accused Held Fir
S. 148 NI Act | Signatory Of Cheque Issued By Company Can't Be Directed To Pay Compensation For Suspension Of Sentence : Supreme Court
1 month, 1 week 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 …

Compensation Court Pay Act Sentence Deposit Adv
Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates
1 month, 3 weeks ago

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

Live Law  

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142 of the NI Act the cognizance of an …

Court Fir Complaint Act Petitioner No Allegation 138
[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC
2 months ago

[S.138 NI Act] Not Making Company Separate Accused In Cheque Bouncing Complaint Isn't Fatal To Prosecution Case: Jharkhand HC

Live Law  

A single judge bench of Justice Sanjay Kumar Dwivedi, presiding over the case, remarked, “ From perusal of the complaint petition, the Court finds that although the company has not been made accused separately, but complainant has made the Director as accused who has signed the cheque as an accused and mentioned the company name i.e. The Court noted that …

Court Director Company Accused Complaint Directors Separate
HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
4 months, 2 weeks 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 …

Consent High Court Court Power High Supreme Act
Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
4 months, 2 weeks 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. …

Court Negotiable Instruments Act Conviction Act Compound Section 138 Section 147
[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC
4 months, 2 weeks 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
Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court
5 months, 1 week ago

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that proceedings under Section 138 of the Negotiable Instruments Act are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction. Chapter XVII of the Negotiable Instruments Act, which outlines penalties for cheque dishonour due to insufficient funds would apply to bolster the reliability …

Court Commercial Act Malik Transaction Magistrate 138
Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
5 months, 3 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 …

Supreme Court Arbitration Action Court Cause Proceedings Supreme
Supreme Court Stays Recovery Actions By Banks/Builders Against Homebuyers Of Certain Stalled Projects In Noida
5 months, 3 weeks ago

Supreme Court Stays Recovery Actions By Banks/Builders Against Homebuyers Of Certain Stalled Projects In Noida

Live Law  

In an interim relief to several homebuyers who took loans for certain housing projects in Delhi-Noida which got eventually stalled, the Supreme Court recently stayed coercive recovery steps by banks/financial institutions and builders/developers against them. A bench comprising Justices Surya Kant and Ujjal Bhuyan was considering a batch of petitions filed by homebuyers challenging the proceedings initiated by the Banks …

Delhi Supreme Court Court Bank Loan Noida Proceedings
[NI Act] If Interest Is Claimed On Cheque Which Doesn't Include Interest Component, It Does Not Remain Legally Enforceable Debt: Punjab & Haryana HC
6 months, 3 weeks ago

[NI Act] If Interest Is Claimed On Cheque Which Doesn't Include Interest Component, It Does Not Remain Legally Enforceable Debt: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that if interest is claimed on a cheque which does not include an interest component either by adjustments or by filling in the amount, the said cheque does not remain a legally enforceable debt or other liability under Section 138 of Negotiable Instrument Act.The Court quashed the complaint lodged under …

Court Interest Liability Complainant Complaint Act Nia
Can A Complaint Be Amended In 138 Case(s)?
7 months ago

Can A Complaint Be Amended In 138 Case(s)?

Live Law  

Baring police cases, all cases in India start and depend upon the written instruments. Followed, these cases, recently in 2022, the Hon'ble High Court of Madhya Pradesh in the case of Bhupendra Singh Thakur vs. Umesh Sahu, wherein the issue of amendment of a complaint filed under section 138 of the NI Act was raised, held that there is no …

Court Cases High Amendment Crpc Allowed 138
Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC
7 months, 1 week 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
The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Rajasthan Karnataka Odisha Delhi Supreme Court Maharashtra Gujarat
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, …

Consent Supreme Court Court Criminal Courts Criminal Proceedings Case
Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]
8 months, 3 weeks ago

Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]

Live Law  

ORDERS/JUDGMENTS OF THE MONTH Lifting Corporate Veil, Allahabad HC Orders ED Probe Against Directors Of Hacienda Project, Three C Universal For Defrauding Lotus 300 Flat Buyers Case Title: Nirmal Singh vs. State Of U.P. Therefore, where the corporate character is employed for the purpose of committing illegality or for defrauding others, the Court would ignore the corporate character and will …

India High Court Court Uttar Pradesh Citation Compassionate Appointment Indian
[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
9 months ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Record Kerala Court Affidavit Magistrate Enquiry Section 138
Arbitration Monthly Round-Up -March 2024
9 months, 1 week ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Allahabad High Court Monthly Digest: February 2024
9 months, 4 weeks ago

Allahabad High Court Monthly Digest: February 2024

Live Law  

NOMINAL INDEX Nikita @ Najrana And Another vs. State Of Up And 3 Others 2024 LiveLaw 66 M/S Sahbhav Engineering Ltd. Ahmadabad Thru. And 2 Others 2024 LiveLaw 125 M/s Jaypee Infratech Limited V. M/s Ehbh Services Private Limited And Another 2024 LiveLaw 126 ORDERS/JUDGMENTS OF THE MONTH UP Anti-Conversion Law | Interfaith Marriage Not Valid Unless 'Pre' & 'Post …

Justice Court Uttar Pradesh Compassionate Appointment Bank Limitation Act Council