Guidelines under Section 138 of the Negotiable Instruments Act, 1881 The judgment arises from the case titled “Sanjabij Tari v. Kishore S. Borcar & Anr.” heard by the Supreme Court…
Category: cheque bounce
Delhi High Court: Security Cheques Issued Under MoU Do Not Constitute Offence Under Section 138 NI Act
In a significant ruling, the Delhi High Court has reiterated that cheques issued as security under a Memorandum of Understanding (MoU) cannot be treated as cheques issued towards a legally…
Supreme Court Quashes Cheque Bounce Case for Suppression of Material Facts
The Supreme Court quashed a cheque bounce complaint under Section 138 NI Act for suppression of material facts. Learn how this ruling safeguards against misuse of criminal law in cheque dishonour cases.
Stay of Proceedings of Trial going on under section 138 of Negotiable Instruments Act, 1881.
Prayed for the quashing of complaint pending before the Ld. Magistrate under section 138 of Negotiable Instruments Act. Petitioner was the director of the company. Hon’ble High Court of Punjab…
Power under 406 CrPC to transfer cheque cases from one state to another
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Section 143-A of the Negotiable Instruments Act, 1881 are directory rather than mandatory.
The Bombay High Court has said that courts don’t have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the…
The service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.
The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the…