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

NIA S. 138 – Object of

November 7, 2021

Goaplast (P) Ltd. v. Chico Ursula D’Souza, (2003) 3 SCC 232, the object sought to be achieved by Section 138...

NIA S. 138 – cheques were given by way of security

October 12, 2021

NIA S. 139 Negotiable Instruments Act, 1881 (26 of 1881) – S. 138, 139 - Accused has admitted issuance of...

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

NIA S. 138, 147 – Once a person is allowed to compound a case as provided for under Section 147 of the Negotiable Instruments Act, the conviction under Section 138 of the said Act should also be set aside.

November 7, 2021

NIA S. 138 - NIA S. 147 Once a person is allowed to compound a case as provided for under...

NIA S. 143A – Is mandatory in nature.

September 26, 2021

Negotiable Instrument Act, 1881 - Section 143A - Word “may” be treated as “shall” and is not discretionary, but of...

NIA S. 143A – Discretionary power that is vested with the trial Court in ordering for interim compensation must be supported by reasons

September 27, 2021

“ A careful reading of the order passed by the Court below shows that the Court below has focussed more...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

NIA S. 87 – Promissory note – Stamp is not cancelled at the time when it is affixed

July 13, 2021

If the stamp is not cancelled at the time when it is affixed, the instrument will be deemed to be...

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

NIA S. 87 – Subsequent affixture of a revenue stamp on a promissory note is a material alteration

July 13, 2021

Subsequent affixture of a revenue stamp on a promissory note is a material alteration within the meaning of Sec. 87...

NIA S. 138 – Compounding without consent of party

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

Judicial restraint – Practice of summoning officers , deprecated

NIA S. 138 – Procedure for speedy disposal of complaints

"18. From the above discussion following aspects emerge:i) Offence under Section 138 of the Act is primarily a civil wrong....

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...

Ad Hoc employees termination – Replacement with other Ad Hoc employees

NIA S. 143A – Offence completed after amendment

July 12, 2021

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.

July 12, 2021

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

September 26, 2021

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

July 12, 2021

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.