Negotiable Instruments Act 1881

19th Mar, 2019

Mere denial or mere creation of doubt does not rebut the presumption under Section 139 of the NI Act

The Apex Court held that circumstances like lack of documentary evidence to show the source of funds of complainant to advance the loan or lack of any written record of the transaction in the form […]
28th Feb, 2019

Even a blank cheque leaf, would attract presumption under Section 139 of the Negotiable Instruments Act.

It was held by the Supreme Court that if a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars at a later […]
16th Feb, 2019

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 was not issued in discharge of a debt

It was held by the Supreme Court that if a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars at a later […]
21st Jan, 2019

‘Cheque Bounce’ Complaint based on second notice after Re-Presentation of Cheque Maintainable

The Supreme Court has held that a ‘cheque bounce’ complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable. The said ruling was held in the mater of M/s Sicagen […]
8th Jan, 2019

Section 69(2) of Indian Partnership Act, 1932 does not bar filing of a suit based on dishonour of a cheque

The Delhi High Court held that a dishonour of cheque is a cause of action which does not arise from a contract between the parties and therefore the bar under Section 69(2) of Indian Partnership […]
13th Oct, 2018

Cheque Bounce Complaint filed by Power of Attorney Maintainable in Law

The Apex Court in a recent decision has reiterated that a complaint under Section 138 of the Negotiable Instruments Act filed by a Power of Attorney holder would be maintainable in law. This was held […]
8th Sep, 2018

If the Complainant fails to prove that cheque has been dishonored as provided under Section 146 of the Negotiable Instruments Act or by any other mode, presumption in favor of the said Complainant will not arise

In a recent judgment, the Bombay High Court, held that the Complainant has to prove the basic fact of dishonor of cheque before the burden of proof is discharged by her to establish that an […]
13th Feb, 2017

Rebutting the presumption against accused in Section 138, N I Act #indianlaws

Delhi High Court in the matter of Mukesh Kumar Vs. State Crl. L P 555/2017 decided on 2nd Feburary, 2017 held the fact that the cheque has been signed by the accused is not denied […]
14th Dec, 2016

Cheque given as ‘Security’ is covered within the ambit of Section 138 of N.I Act #indianlaws

The Supreme Court in a judgment delivered in September has held that the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is […]
9th May, 2016

For quashing of proceedings against a Director u/s 138/141 of the Act it must be shown that no offence is made out against him and quashing is not to be granted merely on asking #indianlaws

When in view of the basic averment process is issued, the complaint must proceed against the Directors. But, if any Director of a company wants the process to be quashed by filing a petition under […]
25th Feb, 2016

Arraigning of Partnership firm imperative to prosecute partner U/s.141 of the NI Act #indianlaws

There can be no dispute that as the liability is penal in nature, a strict construction of the provision would be necessitous. Therefore for maintaining the prosecution under Section 141 of the Act, arraigning of […]
10th Feb, 2016

There is a presumption that a negotiable instrument is supported by consideration #indianlaws

The Hon’ble Court held that there is a presumption that a negotiable instrument is supported by consideration. There was no dispute that such a consideration existed in as much as the cheques were issued in […]