Negotiable Instruments Act
NIA 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...
Read moreNIA, S. 141 – Amendment of complaint – Wrong cheque number mentioned in the complaint and affidavit
NIA, S. 138, 141 – Amendment of complaint - Wrong cheque number mentioned in the complaint and affidavit - Cheque,...
Read moreNIA S. 138, 141 – Typographical mistakes can be rectified by the trial Court, as it has inherent power to rectify the same.
NIA S. 138, 141 - Typographical mistakes should have been rectified by the trial Court, as trial Court has inherent...
Read moreNIA S. 138 – Complaint through Power of attorney – Proprietary concern.
Complant through power of attorney - During the course of cross-examination if it is established that the power of attorney...
Read moreNIA 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...
Read moreNIA 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 ,...
Read moreNIA 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...
Read moreNIA 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...
Read moreNIA 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...
Read moreNIA 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,...
Read more[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...
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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...
Read moreNIA 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 ...
Read moreNIA 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...
Read moreMIA 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...
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