Negotiable Instruments Act 1881
30th Jun, 2014
The irresistible conclusion for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on […]
19th Jun, 2014
Mere distorted version or mere taking up the plea or the defence that accused is not liable to pay any amount or be discharged the amount are not sufficient to put back the burden on to […]
21st May, 2014
Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the Court can make payment of the cheque amount
2nd May, 2014
Delay in disposal of cheque bounce cases by the Courts of Law
10th Apr, 2014
It was observed in the present matter that despite the legal position duly settled with number of judgments passed by the Supreme Court, the trend in complaints for dishonour of cheque against a Company that […]
10th Apr, 2014
The payment by cheque in the nature of advance payment indicates that at the time of drawal of cheque, there was no existing liability.
27th Feb, 2014
It is only the “drawer” of the cheque who can be made liable for the penal action under the provisions of the N.I. Act and as law is well settled, a strict interpretation is required […]
26th Oct, 2013
While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be […]
16th Oct, 2013
The Hon’ble Supreme Court in a matter dealt with the issue of vicarious liability of Directors in the offence of dishonour of cheque.
7th Oct, 2013
Under Section 138 of the Negotiable Instruments Act, 1881, while dealing with the offence of dishonor of cheque, recovery of the amount payable under the instrument, power to levy fine is restricted to twice the […]
1st Jul, 2013
Rule of Criminal liability against vicarious liability – Under Section 138 of the Negotiable Instruments Act, 1881 it is only drawer of the cheque who can be prosecuted