Negotiable Instruments Act 1881

28th Feb, 2024

Single complaint is maintainable even for multiple dishonour of cheques under Negotiable Instruments Act, 1881 when cause of action is the same.

In the matter of A Adinarayana Reddy vs S. Vijaylakshmi & Anr Criminal Petition No. 5909 of 2023 decided by the Hon’ble High Court of Karnataka on 05.02.2024 FACTS: The present Petition was filed […]

17th Nov, 2023

Before issuing summons u/s 138 NI Act, only prima facie view on presence of basic ingredients of the offence necessary

In the matter of Northern India Paint Colour and Varnish Co. LLP v. Sushil Chaudhary, (CRL.M.C. 2480/2023) decided by the Hon’ble High Court of Delhi on 10.11.2023 FACTS: The present appeal was filed by […]

13th Jan, 2023

Complainant putting date on cheque without drawer’s consent renders instrument void

In the matter of M/s. Pinak Bharat and Company v. Anil Ramrao Naik (Criminal Appeal Nos. 1630 and 1631 of 2011) decided on 22.12.2022 by the Hon’ble Bombay High Court. FACTS: The appellant is […]

17th Dec, 2021

Dishonour of a cheque which was furnished as ‘security’ would be covered under Sec 138 of NI Act if a legally enforceable debt or liability has arisen.

In the matter of Sunil Todi & Ors. Vs. State of Gujarat & Anr. Criminal Appeal No. 1447/2021, decided by the Hon’ble Supreme Court of India on 03.12.2021. Facts of the case- The Appellant company […]

12th Oct, 2021

Circumstances in which Directors of a company can be summoned or held vicariously liable for cases initiated under Section 138 of the Negotiable Instruments Act (NI Act)

While deciding the matter of Ashutosh Ashok Parasrampuriya v. M/s Gharrkul Industries Pvt. Ltd., on 08.10.2021, the Supreme Court explained the circumstances in which Directors of a company can be summoned or held vicariously liable […]

15th Jun, 2021

Not mentioning date of service of demand notice in the complaint is not fatal to case under Section 138, Negotiable Instruments Act 1881

In the matter of Anil Kumar Goel v. State of UP & Anr. (No. 14190/2014) decided by the Allahabad High Court on 07.06.2021 FACTS: The Respondent No. 2 in the present case presented the cheque […]

17th Mar, 2020

If signatures are admitted by Drawer, it is immaterial if entries are made by another person under section 138, NI Act.

The High Court of Kerala in the case of Sandhya Rani G. vs State of Kerala & Anr. (Crl. M.C. No. 1310 of 2019) on 13.03.2020 held that if the drawer admits the signature in […]

24th Feb, 2020

Presumption available under Section 139 of the Negotiable Instruments Act, 1881 has to be rebutted only at the stage of leading evidence and not at the stage of taking cognizance

The Apex Court in the matter of Shiv Kumar Alias Jawahar Saraf vs Ramavtar Agarawal (Cr. App. No. 1688 of 2017) decided on 19.02.2020 upheld the order of the High Court which stated that the […]

19th Feb, 2020

Presumption under Section 139 of the Negotiable Instrument Act is rebuttable by leading evidence

The Supreme Court in the case of APS Forex Services Pvt. Ltd. vs. Shakti International Fashion Linkers & Ors. (Criminal Appeal No. 271 Of 2020) on 14.02.2020 held that in absence of further evidence to […]

10th Feb, 2020

Non-production of cash and accounts book is not fatal to a proceeding under Section 138 of the Negotiable Instruments Act

The Supreme Court in the matter of D.K. Chandel vs. M/s Wockhardt Ltd. & Anr., Criminal Appeal Nos. 132 of 2020 on 04.02.2020 held that a statutory presumption is raised in favour of a holder […]

13th Jan, 2020

Presumption as under Section 139 of the Negotiable Instruments Act, 1881 also applies to guarantor cheques

The High Court of Kerala in the matter of A. K Bhaskaran vs K.G Sheeba & Ors. (Crl. A 782 of 2006), decided on 08.01.2020 has held that the presumption under Section 139 of Negotiable […]

21st Nov, 2019

Accused is not competent to tender affidavit by way of evidence in Section 138 Negotiable Instruments Act, 1881 proceedings

The Punjab and Haryana High Court has held that an accused facing trial under the provisions of Negotiable Instruments Act cannot be allowed to tender affidavit by way of evidence. The said ruling was […]

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