Negotiable Instruments Act

NIA, S. 141 – Amendment of complaint – Wrong cheque number mentioned in the complaint and affidavit

NIA S. 138, 141 – Typographical mistakes can be rectified by the trial Court, as it has inherent power to rectify the same.

NIA S. 138 – Complaint through Power of attorney – Proprietary concern.

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Negotiable Instruments Act

NIA S. 138, 139 – Sign not denied – Once it is presumed that the cheque is issued towards debt or other liability, is in favour of the Complainant, then it is for the accused to prove the contrary – Acquittal set aside.

Negotiable Instruments Act, 1881, S. 138, 139 – Complaint did not specifically state the nature of transactions and the source...

NIA S. 143(A) – Interim compensation – An accused who had failed to deposit interim compensation can not be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant.

read HERE (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 , PLRonline 403573 (2022-3)207 PLR 397 (SC), 2022 SCeJ 1046 ,...

NIA S. 138 – Mere issuance of a cheque is not an offence

NIA S. 138 - Mere issuance of a cheque is not an offence, but it becomes punishable when the said...

NIA S. 138 – Mere issuance of a cheque is not an offence

NIA S. 138 – Pleadings – Reply - In the pleadings in the complaint relating to the legal notice served...

Banking

NIA S. 138 – Order of moratorium passed under the IB Code 2016 – Post dated cheques presented – No Liability

NIA S. 138 - Order of moratorium passed under the IB Code 2016 and Resolution professional appointed - Prior to...

Banking

NIA S. 138 – “account maintained by him” – Where an account holder is deprived of his control over the bank account from which cheque was issued – Offence not committed.

NIA S. 138 - "account maintained by him" - If an account holder is deprived off his control and authority,...

[SC] NIA S. 118, 139 – Security cheque – No evidence to show any loan transaction – Burden of rebutting presumption under Ss.118 and 139 stand discharged – Acquitted

Negotiable Instruments Act, 1881 (26 of 1881) S. 138, 118, 139 – Security cheque - Appeal against acquittal - Presumption...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

NIA S. 138 and 139 – Allegation that the partnership firm between the complainant and the accused was dissolved and amount covered under the cheque represents the share of the complainant arrived at on the settlement of accounts

NIA S. 138 and 139 – Allegation that the partnership firm between the complainant and the accused was dissolved and...

NIA S. 138, 139 and 146 – Bank memo issued by Drawee bank not bearing the seal of the bank – Complaint dismissed

NIA S. 138, 139 and 146 – Bank memo issued by Drawee bank not bearing the seal of the bank ...

NIA S. 138 – Does not speak about the joint liability

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – c - Section 138 does not speak about the...

MIA S. 141 – Relates to the offence by companies and it cannot be made applicable to the individuals.

Negotiable Instruments Act, 1881 (26 of 1881), Section 141 – Relates to the offence by companies and it cannot be...

NIA S. 138, 141 – “Other association of individuals’ – Two private individuals cannot be said to be “other association of individuals”

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – “Other association of individuals’ - Two private individuals cannot...

NIA S. 138 – A person might have been jointly liable to pay the debt, but if such a person who might have been liable to pay the debt jointly, cannot be prosecuted unless the bank account is jointly maintained and that he was a signatory to the cheque

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 –A person might have been jointly liable to pay the...

COI Art. 227 – Revision – Scope of interference is limited.

NIA S. 118- Pronote – As per Section 118 there is a presumption of consideration in the negotiable instrument [SC]

Negotiable Instruments Act, 1881 S. 118 – Pronote - As per the Section 118 there is a presumption of consideration...

Courts – Power of the courts/judicial authorities to mould relief

NIA S. 138 – Security cheque – Handing over of the cheques by way of security per se would not extricate the accused from the discharge of liability arising from such cheques