Negotiable Instruments Act
NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]
Liability of Joint Account Holders (Section 138 ): Petitioner and her husband were joint account holders, but the petitioner was...
Read moreNIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]
Without there being any reason to award the maximum compensation, the said order cannot be considered to be passed after...
Read moreGeneral Clause Act S. 27 – Notice – Returned with remarks, Door lock, unclaimed etc. – If the notice is issued to the correct address of the accused and if the notice is not able to serve due to the reasons assigned in the said shara, it is deemed that the notice is served to the accused – NIA S. 138. ((2023-4)212 PLR 068, 2023 PLRonline 0120 )
(2023-4)212 PLR 068 (Kar.) (SN) HIGH COURT OF KARNATAKA AT BENGALURU Before : Justice S Rachaiah R PRAMOD S/O V...
Read moreNIA S. 143A – Interim compensation can be claimed at “any stage” of the trial , but only after plea of “not guilty” is entered. [(2023-3)211 PLR 742]
(2023-3)211 PLR 742 (SC) SUPREME COURT OF INDIA Present : Justice S. Ravindra Bhat and Justice Aravind Kumar. PAWAN BHASIN...
Read moreCrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]
2019 PLRonline 3507 PUNJAB AND HARYANA HIGH COURT Before:- Arvind Singh Sangwan, J. CRM-M No. 36367 of 2016 (O&M) and...
Read moreNIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]
(2023-3)211 PLR 260 (SC) SUPREME COURT OF INDIA Before : Justice Abhay S. Oka, Justice Pankaj Mithal. JAMBOO BHANDARI -...
Read moreNIA S. 138 – Correction of Cheque Numbers – Wrong cheque numbers mentioned in Legal Notice and complaint – Typographical error – Application to correct the cheque numbers approved. [PLRonline ID 412670]
(2023-3)211 PLR 001 PUNJAB AND HARYANA HIGH COURT Before : Justice Arun Monga. RAMESHWAR DASS - Petitioner Versus M/s KAKRALA...
Read more[SC] NIA S. 138 – Signatures Admitted – Presumption – Ingredients – Acknowledgement – Punishment. [ID 3311204]
Rohitbhai Jivanlal Patel v. State of Gujarat 2019 PLROnline 3410 (SC), (2019) 18 SCC 106 , AIR 2019 SC 1876...
Read more[SC] NIA S. 138, 141 – Dishonour of cheque – Quashing – Parameters – Notice – Reply – Not given – Admisison of facts – Director/ partner provided the Director/partner is able to adduce some unimpeachable and incontrovertible evidence beyond suspicion and doubt. [PLRonline 477602]
S.P. Mani And Mohan Dairy v. Dr. Snehalatha Elangovan, 2023 SCeJ 266 , Full Judgment with detailed headnotes...
Read moreNIA s. 141(1) – Liability of director in company – The words “was in charge of” and “was responsible to the company for the conduct of the business of the company” to be read together in view of use of the word “and” in between – Complaint quashed.
Ashok Shewakramani v. State of Andhra Pradesh, (2023-2)210 PLR 683 (SC) Full Judgment with detailed headnotes for Online Subscribers (opens...
Read moreNIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.
Negotiable Instruments Act, 1881 S. 138 - Complaint filed against a partner without arraying the firm as an accused would...
Read more[SC] NIA S. 138 – The accused can rely on their evidence or materials submitted by the complainant to rebut the presumption – Proof of financial capacity – Contradictions in the complainant’s statements can lead to the case being quashed.
Section 139 of the Negotiable Instruments Act presumes that if the execution of a cheque is admitted, it was issued...
Read moreNIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.
Negotiable Instruments Act, 1881 S. 138 - Delay in filing complaint - if the original complaint is filed after the...
Read moreNIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]
2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H....
Read moreNIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .
PLRonline 482653 (LogIn to download) (2023-1)209 PLR 371 PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Anoop Chitkara O.K. FINANCE...
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