Negotiable Instruments Act (NIA)

S. 20

• Once a person affixes his signature on a sufficiently stamped paper and delivers it to the other, the holder or the holder in due course can fill up the same

S. 87

• S. 87
• Promissory Note

S. 138

• S. 138
• Object and Purpose
• Amendment of Complaint
• Civil Wrong
• Compounding
• Compunding – Without consent of parties
• Dismissal in default
  • Once warrants has been issued, the complaint can not be dismissed for non prosecution
• Draft Summons
• Fine
• Ingredients
• Jurisdiction
• Enforceable debt
  • Not an enforceable debt
• Evidence on Affidavit
• Post dated Cheque
• Procedure
• Proclaimed Offender
• Quashing
  • Burden of proving that there is no existing debt or liability, is to be discharged in the trial – When there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties (Read)
• Quasi Criminal
• Security Cheque
  • Security cheque – Loan – Whether the loan had been discharged and cheque issued as security had not remained live to be established in trial
  • Cannot be nonsuited on ground of it being a security cheque
• Sentence
• Speedy Disposal
• Summoning – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.
• Validity of Cheque
• Vicarious Liability
• Warrants

S. 139

• Burden of proof

S. 141

• S. 141
• Commission of offence by the company is an express condition precedent to attract the vicarious liability of others
• Director  – Resignation
• Director  – Resignation – Accepted by the company and notified to the Registrar of Companies cannot be made accountable
• Director  – Cheques were issued while the appellant was Director of the Company
• Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor
• Vicarious liability  – Specific averments

S. 142

• S. 142
• Through an Account

S. 143A

• S. 143
• S. 143 – Prospective
• S. 143A
• S. 143A – Interim Compensation
• S. 143A – Suo Moto Power
• NIA S. 143A – Non deposit

S. 145

• S. 145
  • Preliminary evidence – No bar from filing fresh affidavit in trial.
  • Speedy disposal – Guidelines / Directions
• S. 145(2)
  • Any evidence led by the complainant in the form of affidavit or oral statement during pre-summoning i.e. pre-cognizance stage cannot be treated as commencement of recording of evidence

S. 147

• S. 147 – Compromise

S. 148

• Bail – Suspension – Cancellation – 25% deposit not made as per order.