Negotiable Instruments Act 1881

31st Oct, 2019

‘Amount Due’ not required to be proved in a proceeding under Negotiable Instruments Act in the same manner as if proving debt before Civil Court

The Supreme Court has observed that a complainant in a cheque bounce case need not prove the ‘amount due’ as if he is to prove a debt before civil court. The said ratio was held […]
9th Sep, 2019

Proceeding cannot be quashed on the ground that notice not served within statutory period

The Supreme Court had held that the proceedings u/s 138 of Negotiable Instrument Act cannot be quashed on grounds that the legal notice was not served within the statutory period.   The said judgment was […]
2nd Sep, 2019

The appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure

The text of Section 378(4) of the Code of Criminal Procedure(hereinafter referred as ”the Code”) is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint […]
21st Aug, 2019

Interim compensation order under Section 143A of the Negotiable Instruments Act, 1881 must be a reasoned order and also can be applied retrospectively

The Madras High Court held that the trial courts hearing cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 can order payment of interim compensation of up to 20% under the newly […]
10th Aug, 2019

Section 143A of Negotiable Instruments Act on Interim Compensation is not retrospective

The Supreme Court ruled out the confusion and held that  Section 143A of the Negotiable Instruments Act (hereinafter referred as ‘the Act’) on payment of interim compensation to the complainant during the pendency of the […]
5th Aug, 2019

Omission to mention nature of Debt or Liability in statutory demand notice does not render it invalid under section 138 of Negotiable Instruments Act, 1881

The Kerala High Court observed that the omission or error in the notice under section 138 of the Negotiable Instruments Act to mention the nature of the debt or liability, does not render the same […]
2nd Aug, 2019

Section 148 Of Negotiable Instruments Act has retrospective effect

In an important judgment, the Supreme Court has held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for […]
26th Mar, 2019

Once presumption under section 139 Negotiable Instrument Act is drawn, Complainant need not prove the source of fund till the accused discharges his burden.

The Supreme Court of India through Justice Mr. Abhay Manohar Sapre and Justice Mr. Dinesh Maheshwari in Rohitbhai Jeevanlal Patel versus State of Gujarat and Anr. Criminal Appeal No.508 of 2019  decided on 15.03.2019 held […]
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 […]