Negotiable Instruments Act

May 4, 2024

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

April 26, 2024

Negotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]

February 18, 2024

NIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)

February 18, 2024

Home Category Criminal Negotiable Instruments Act

Negotiable Instruments Act

Banking

NIA S. 138 – Loan – Security cheque – Liability under.

August 17, 2022

PLR | Supreme Court Online Negotiable Instruments Act, 1881 (26 of 1881), S. 138 - Security cheque - There cannot...

NIA S. 138 – Security cheque – What is – Provisions to apply

August 17, 2022

Negotiable Instruments Act, 1881 (26 of 1881) S. 138 - Security cheque - A cheque issued as security pursuant to...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

NIA S. 138 – Non bailable warrants issued on account of non appearance – Order quashed

November 29, 2021

Negotiable Instruments Act, 1881 (26 of 1881), S. 138 - Criminal Procedure Code, 1973 (II of 1974), Section 446 -...

Civil and Criminal Cases

NIA S. 138 – Whether amount paid in proceedings under the NIA act are liable to be adjusted against other dues/ decree in civil suit

November 25, 2021

Court was examining a situation where in the proceedings under Section 138 of the NI Act compensation amount ordered by the court...

Criminal

NIA S. 148 – Bail – Suspension – Cancellation – 25% deposit not made as per order.

November 20, 2021

Negotiable Instruments Act, 1881 S. 148 - Bail – Suspension – Cancellation -When suspension of sentence by the trial court...

Banking

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

November 20, 2021

For the period of moratorium, since no Section 138/141 proceeding can continue or be initiated against the corporate debtor because...

NIA S. 138 / 141- Commission of offence by the company is an express condition precedent to attract the vicarious liability of others

Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is...

NIA S. 138 – Proceedings under Section 138 of the Act are quasi-criminal proceedings.

“6. It is urged before us that the High Court overstepped the limits which the appellate court is bound by...

NIA S. 138 – Compounding without consent of parties

April 29, 2022

Though compounding requires consent of both parties, even in absence of such consent, the court, in the interests of justice,...

NIA S. 138 – Offence under Section 138 of the Act is primarily a civil wrong.

Offence under Section 138 of the Act is primarily a civil wrong. Meters and Instruments (P) Ltd. v. Kanchan Mehta,...

NIA S. 138 – Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature

Primary object and reason of the Negotiable Instruments Act, 1881, is not merely penal in nature but is to maintain...

NI S. 138 – object appears to be both punitive as also compensatory and restitutive, in regard to cheque dishonour cases

NIA S. 138 - In effect, its object appears to be both punitive as also compensatory and restitutive, in regard...

NIA S. 138 – Compoundable

JIK Industries Ltd. v. Amarlal V. Jumani, (2012) 3 SCC 255, stating: “68. It is clear from a perusal of...

NIA S. 138 – Compounding

Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 is an important judgment of three Hon’ble Judges of...

NIA S. 138 – Object of – To regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance in financial matters.