Negotiable Instruments Act 1881
19th Jan, 2015
It is only when the stage of proceedings in cases filed under Section 138 of the Act has reached the stage of Section 145(2) of the Act or beyond thereof, such case shall continue to […]
11th Dec, 2014
Once the execution of Cheque is admitted, it shall be taken that the cheque was issued by the accused in favour of the complainant towards the discharge of the liability.
24th Nov, 2014
Presumption mandated by Section 139 of the Act includes a presumption that there exists a legally enforceable debt or liability and that is a rebuttable presumption.
3rd Nov, 2014
Where on an overall reading of the complaint under Section 138 N I Act, the High Court may quash the Complaint against the Director in the absence of more particularls about role of the Director […]
10th Oct, 2014
In the light of section 145 of NI Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under […]
28th Sep, 2014
Any complaint before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint at all in the eye of law. It is not the […]
10th Sep, 2014
It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge […]
30th Aug, 2014
By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of […]
30th Aug, 2014
If the accused shows that in his account there were sufficient funds to clear the amount of the cheque at the time of presentation of the cheque for encashment at the drawer bank and that […]
21st Aug, 2014
High Court should consider the provisions of condonation of delay inserted as proviso to clause (b) of Section 142 of the NI Act before dismissing the complaint being barred by limitation
21st Aug, 2014
Hand written note about dishonour of cheque can be considered a notice under Section 138
11th Aug, 2014
Cheque dishonor complaint to be filed before the Court within whose territorial jurisdiction cheque drawn was dishonored