NIA S. 138 – Draft summons
"18. From the above discussion following aspects emerge: i) Offence under Section 138 of the Act is primarily a civil ...
NIA S. 143A – Offence completed after amendment
In the present case the cheque was dishonoured vide memo dated 09.08.2018 on which the respondent tcomplainant served legal notice ...
NIA S. 143A – Court trying an offence under section 138 shall suomotu exercise the power. There is no need for an application to be filed by the complainant in that regard.
The complainant has approached the court by filing a petition under Section 143A N.I. Act. But on a reading of ...
NIA S. 143A – Amendment – Is prospective in nature
Section 143A of the Act was inserted in the statute book with effect from 01.09.2018. The question that arises therefore ...
NIA S. 143A – Court Cannot Struck-off The Defence On Account Of Non Payment Of 20% Of The Interim Compensation
1. Prima facie, it appears that the Court cannot struck-off the defence on account of non-payment of 20% of the ...
NIA S. 138 – Jurisdiction – Court at the place where the payee maintains his account and where the cheque was intimated to have been dishonored would have jurisdiction u/s 138.
Held In view of section 142 (2)(a), inserted by Negotiable Instruments (Amendment) Second Ordinance, 2015, the court at the place ...
NIA S. 138 – Amendment of complaint
Complaint filed by proprietary concern through its proprietor During pendency of trial entire running business of proprietary concern taken over ...
NIA S. 142- Jurisdiction – Where the cheque is delivered for collection
Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under ...
NIA S. 138 – Jurisdiction – It is one thing to maintain details of loan accounts centrally by the bank, but, it is quite different to insist on such administrative modality to be used for the purpose of ousting jurisdiction of the court, which otherwise would get or to confer jurisdiction upon the Court, when in fact it did not exist.
Para2.2 The firm Sidharth Exports made a loan agreement bearing No.152532177 dated 31.07.2016 with Kotak Mahindra Bank Ltd. with personal ...
NIA S. 138 – Jurisdiction
Para24. Let me give an example to understand the jurisdiction according to the amendment: "(1) 'A' holds an account with ...
NIA S. 142 – “through an account”
Para 38. Thus, although the cheques issued by the accused were collected by the complainant at New Delhi and were ...
NIA S. 138 – Essential Ingredients
The essential requirements to attract section 138, Negotiable Instruments Act are: (a)The cheque for an amount is issued by the ...
NIA S. 138 – Validity of cheque – Enforceable debt
Cheques issued before determination of debt, before adjudication of debt if cheques are obtained – complaint not maintainable. Accused no. ...
NIA S. 138 – Validity of Cheque
Negotiable Instruments Act 138 held, provisions of S. 138 of Negotiable Instruments Act are enacted taking into consideration of currency ...
NIA S. 138 – Object & Purpose
Para 3. The Act was enacted and Section 138 thereof incorporated with a specified object of making a special provision ...