The Negotiable.....Tags : Negotiable instruments, amendment, act, retrospective
read»
Sikkim HC: Offences U/S 138 NI Act Can be Compounded at Any Stage(05.05.2023)
Sikkim High Court has held that irrespective of provisions of Section 320(9) of the Criminal Procedure Code, offences under Section 138 of the Negotia.....
Tags : Sikkim High Court, Negotiable Instruments, Compounded
read»
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
read»
SC: Lawyer’s Claim for Fee Based on Percentage of Decretal Amount is Misconduct(06.12.2017)
Supreme Court has held that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint unde.....
Tags : Supreme Court, Negotiable Instruments
read»
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
read»
Delhi HC: Post-Dated Cheques Given as Security Attract Section 138 NI Act After Liability Arises(12.11.2025)
Delhi High Court ruled that post-dated cheques issued as security can attract Section 138 of the Negotiable Instruments Act, 1881, if they are dishono.....
Tags : Cheques, Security, Negotiable Instruments Act
read»
Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)
Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....
Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour
read»
Supreme Court: Offence u/s 138 of NI Act is Person Specific(31.08.2017)
Supreme Court has said that the offence u/s 138 of Negotiable Instruments Act is person specific. It was also clarified that the general concept under.....
Tags : Supreme Court, Negotiable Instruments Act
read»
Negotiable Instrument (Amendment) Act 2015 Comes into Force with Retrospective Effect(30.12.2015)
Negotiable Instruments (Amendment) Act 2015 has came in to force with retrospective effect. Amendment shall be deemed to have come into force on the 1.....
Tags : Negotiable Instruments (Amendment) Act 2015
read»
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
read»
SC: NI Cases Can be Transferred to Other State by Invoking Section 406 CrPC(22.02.2023)
Supreme Court has held that notwithstanding non-obstante clause in Section 142(1) of Negotiable Instruments (NI) Act, power of Court to transfer crimi.....
Tags : Supreme Court, Negotiable Instruments, CrPC, Transfer
read»
Parliament Passes Negotiable Instruments Bill, 2015(07.12.2015)
Parliament passes the Negotiable Instruments (Amendment) Bill, 2015, which deals with cheque bounce cases. The Bill sought to amend the Negotiable Ins.....
Tags : Parliament, Negotiable Instruments (Amendment) Bill, 2015
read»
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
read»
Cal. HC: Can’t Compound Proceedings u/s 138 NI Act at Revision Stage Without Complainant’s Consent(28.09.2023)
Calcutta High Court has held that the prayer of compromise and compounding the proceeding under Section 138 of Negotiable Instruments Act, at the stag.....
Tags : Calcutta High Court, Negotiable Instruments, Compound
read»
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
read»
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
read»
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
read»
NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)
National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....
Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques
read»
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
read»
Madras HC: Signature & Thumb Impression Are Not Mandatory For Pro-Note Under NI Act(16.05.2022)
Madras High Court has ruled that it is not compulsory under the Negotiable Instruments Act, 1881 to obtain both signature and thumb impression for a p.....
Tags : Madras High Court, Negotiable Instruments Act, 1881, thumb impression, pro-note
read»
Bom. HC: Trial Court can Compound Offence u/s 138 NI Act at Initial Stage w/o Consent of Complainant(01.12.2023)
Bombay High Court has held that when the application for compounding offences u/s 138 of the NI Act is made at the initial stage of the case and if th.....
Tags : Bombay High Court, Compounding Offences, Negotiable Instruments, Consent
read»
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
read»
Supreme Court: High Courts Cannot Quash Cheque Bounce Cases by Pre-Trial Inquiry Into Liability(22.12.2025)
Supreme Court held that High Courts cannot quash cheque dishonour cases by conducting a pre-trial examination of disputed facts, especially when the s.....
Tags : Cheque Bounce, Inquiry, Negotiable Instruments Act
read»
CRIMINAL - Complaint U/s 138 NI Act Maintainable Where Cheque Was Issued in Pursuance of Agreement for Sale: SC(27.03.2019)
Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act is maintainable when there is dishonour of cheques iss.....
Tags : Supreme Court, Section 138 of the Negotiable Instruments Act
read»
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
read»
SC: Complaint under Section 138 NI Act Not Maintainable if Demand Notice Lacks Exact Amount(22.09.2025)
Supreme Court reiterated that a complaint under Section 138 of the Negotiable Instruments Act must have a demand notice specifying the exact cheque am.....
Tags : Negotiable Instruments Act, Complaint, Demand Notice
read»
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
read»
SC: Cheque Dishonour Complaints Must be Filed at the Payee’s Home Branch under S.142(2)(A)(01.12.2025)
Supreme Court held that complaints arising from the dishonour of account payee cheques must be filed only in the court having jurisdiction over the br.....
Tags : Cheque Dishonour, Complaints, Negotiable Instruments Act
read»