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Thursday, January 15, 2026

Home Tag NIA S. 138

Tag: NIA S. 138

NIA S. 138 – A notice under Section 138 of the Negotiable Instruments Act must specifically demand the cheque amount; a vague or omnibus demand invalidates the complaint. The provision being penal requires strict compliance, including service of a valid notice. While Section 138 does not mandate giving 15 days’ notice, the drawer must pay within 15 days of receiving it. The High Court rightly quashed proceedings under Section 482 CrPC due to failure to meet statutory notice requirements, making the complaint legally unsustainable. 2007 PLRonline 0106 (SC)

April 22, 2025

A notice under Section 138 of the Negotiable Instruments Act must specifically demand the cheque amount; a vague or omnibus ...

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

by PLRonline

May 4, 2024

138 - Compounding - Though the complainant has been duly compensated by the accused yet the complainant does not agree ...

[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]

by PLRonline

April 26, 2024

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406 ...

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]

by PLRonline

February 18, 2024

SUPREME COURT OF INDIA VENAGRO & ORS. - Petitioner(s) Versus INCRED FINANCIAL SERVICES LTD (ERSTRWHILE KNOWN AS VISU LEASING FINANCE ...

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]

by PLRonline

December 2, 2023

Liability of Joint Account Holders (Section 138 ): Petitioner and her husband were joint account holders, but the petitioner was ...

General 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 )

by PLRonline

November 24, 2023

(2023-4)212 PLR 068 (Kar.) (SN) HIGH COURT OF KARNATAKA AT BENGALURU Before : Justice S Rachaiah R PRAMOD S/O V ...

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

by PLRonline

September 19, 2023

2019 PLRonline 3507 PUNJAB AND HARYANA HIGH COURT Before:- Arvind Singh Sangwan, J. CRM-M No. 36367 of 2016 (O&M) and ...

NIA 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]

by PLRonline

August 27, 2023

(2023-3)211 PLR 001 PUNJAB AND HARYANA HIGH COURT Before : Justice Arun Monga. RAMESHWAR DASS - Petitioner Versus M/s KAKRALA ...

[SC] NIA S. 138 – Signatures Admitted – Presumption – Ingredients – Acknowledgement – Punishment. [ID 3311204]

by PLRonline

August 27, 2023

Rohitbhai Jivanlal Patel v. State of Gujarat 2019 PLROnline 3410 (SC), (2019) 18 SCC 106 , AIR 2019 SC 1876 ...

[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]

by PLRonline

August 13, 2023

S.P. Mani And Mohan Dairy v. Dr. Snehalatha Elangovan, 2023 SCeJ 266 , Full Judgment with detailed headnotes ...

NIA 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.

by PLRonline

August 13, 2023

Ashok Shewakramani v. State of Andhra Pradesh, (2023-2)210 PLR 683 (SC) Full Judgment with detailed headnotes for Online Subscribers (opens ...

NIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.

by PLRonline

July 28, 2023

Negotiable Instruments Act, 1881 S. 138 - Complaint filed against a partner without arraying the firm as an accused would ...

[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.

by PLRonline

July 23, 2023

Section 139 of the Negotiable Instruments Act presumes that if the execution of a cheque is admitted, it was issued ...

NIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.

by PLRonline

July 23, 2023

Negotiable Instruments Act, 1881 S. 138 - Delay in filing complaint - if the original complaint is filed after the ...

NIA 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)]

by PLRonline

May 14, 2023

2014 PLRonline 0208 (SC) SUPREME COURT OF INDIA ( Before : Ranjana Prakash Desai J; N.V. Ramana J ) H. ...

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Tag: NIA S. 138

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

[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]

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]

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

NIA 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]

[SC] NIA S. 138 – Signatures Admitted – Presumption – Ingredients – Acknowledgement – Punishment. [ID 3311204]

[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]

NIA 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.

NIA S. 138 – Complaint filed against a partner without arraying the firm as an accused would not sustain.

[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.

NIA S. 138 requires notice and application for delay condonation if a complaint is late. Failure caused erroneous acquittal, leading to a retrial.

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