The Negotiable.....Tags : Negotiable instruments, amendment, act, retrospective
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Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)
Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....
Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders
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Chhattisgarh HC: Director Cannot Be Prosecuted u/s 138 of Negotiable Instruments Act(30.03.2022)
Chhattisgarh High Court has held that a director could not be charged under Section 138 of the Negotiable Instruments Act, 1881 without the company be.....
Tags : Chhattisgarh High Court, Section 138 of the Negotiable Instruments Act, Company
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Supreme Court: Set Up Pilot Courts to Deal With Cheque Bounce Cases(19.05.2022)
Supreme Court in a bid to reduce the pendency of cheque bounce cases under S. 138 of the Negotiable Instruments Act, ordered the establishment of pilo.....
Tags : Negotiable Instruments Act, Supreme Court, Cheque Bounce, Pilot Courts
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Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)
Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....
Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act
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Supreme Court: Section 148 of Negotiable Instruments Act, 1881 Has Retrospective Effect(30.05.2019)
Supreme Court has observed that Section 148 of the Negotiable Instruments Act, 1881 as amended, shall be applicable in respect of the appeals against .....
Tags : Supreme Court, Negotiable Instruments Act
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Cal. HC: Advocate's Mistake Should Not Prejudice Party's Rights(07.02.2023)
Calcutta High Court while observing that mistake on part of advocate representing any party shouldn’t act as prejudice against rights of a party, has .....
Tags : Calcutta High Court, Mistake, Acquittal, Negotiable Instruments
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SC: Insolvency Resolution of Company Doesn’t Extinguish Director's Liability U/S 138 NI Act(17.03.2023)
Supreme Court has held that the company's director cannot seek discharge from Negotiable Instruments Act proceedings on the ground that creditor’s deb.....
Tags : Supreme Court, Insolvency, Negotiable Instruments, Director's Liability
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Calcutta High Court: Complaint Under Sec.138 NI Act Not Maintainable Without Presenting Cheque(08.09.2017)
Calcutta High Court has held that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act w.....
Tags : Calcutta High Court, Negotiable Instruments Act
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Parliament Passes Negotiable Instruments (Amendment) Bill, 2018(27.07.2018)
Parliament has passed a bill namely the Negotiable Instruments (Amendment) Bill, 2018 aiming at allowing a court to try offences related to cheque bou.....
Tags : Parliament, Negotiable Instruments
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Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)
Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....
Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand
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Orissa HC: Person in Charge of Trust Can't Be Arraigned Without Impleading Trust Itself(05.12.2022)
Orissa High Court has held that a person in charge of a Trust can’t be impleaded as an accused for dishonour of cheque, under Section 138 of Negotiabl.....
Tags : Orissa High Court, Negotiable Instruments, Dishonour, Trust
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Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)
Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....
Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881
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SC: Right to Cross Examination Can’t be Denied to Accused for Failure To Deposit Interim Compensation(03.08.2022)
Supreme Court has held that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure .....
Tags : Supreme Court, Cross Examination, Compensation, Negotiable Instruments
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President Mukherjee Promulgates Second Ordinance on Cheque Bounce Cases(24.09.2015)
President Pranab Mukherjee has promulgated Negotiable Instruments (Amendment) Second Ordinance, 2015, in order to provide big relief to about 18 lakh .....
Tags : President Pranab Mukherjee,Negotiable Instruments (Amendment) Second Ordinance
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Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)
Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....
Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment
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Bom. HC: Can’t Dismiss Complaint U/S 138 NI Act Because Complainant Failed to Disclose Amount in ITR(22.08.2023)
Bombay High Court has observed that complaint which is otherwise maintainable under Section 138 of Negotiable Instruments (NI) Act is not liable to be.....
Tags : Bombay High Court, Negotiable Instruments, Complaint
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SC: Complaint u/s 138 NI Act Cannot be Quashed When Disputed Question of Facts are Involved(12.02.2020)
Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be quashed when disputed qu.....
Tags : Supreme Court, Complaint under Section 138 Negotiable Instruments Act, 1881
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Bom. HC: Company’s Authorized Signatory Not Liable to Pay Interim Compensation U/S 143A of NI Act(10.03.2023)
Bombay High Court while observing that signatory of the cheque, authorized by the "Company", is not the drawer in terms of Section 143A of Negotiable .....
Tags : Bombay High Court, Interim Compensation, Negotiable Instruments, Authorized Signatory
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Bombay HC: IBC Proceedings Don't Bar Criminal Case under NI Act Against Directors(07.10.2025)
Bombay High Court has held that prior initiation of Insolvency and Bankruptcy Code (IBC) proceedings does not bar criminal prosecution of directors un.....
Tags : Insolvency and Bankruptcy Code, Negotiable Instruments Act, Directors
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Ker. HC: No Bar on Cheque Dishonour Proceedings Due to Moratorium During Insolvency Process(14.02.2025)
Kerala High Court has observed that during the Corporate Insolvency Resolution Process there will not be any bar on cheque dishonour proceedings again.....
Tags : Kerala High Court, Negotiable Instruments Act, Cheque Dishonour
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Karnataka HC: Invoking S.138 Of NI Act Does Not Bar Registration of Crime Under Section 420(16.05.2022)
Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked under .....
Tags : Karnataka High Court, Section 420 of Indian Penal Code, 1860, Negotiable Instruments Act, 1881
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Orissa HC: Directors Liable under S.138 NI Act Despite Company’s Insolvency(16.10.2025)
Orissa High Court held that company directors cannot escape liability for cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 m.....
Tags : Negotiable Instruments Act, Insolvency and Bankruptcy Code, Cheque Dishonour
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