Dishonour of Cheque [S. 138 NI Act and allied sections]
by Tejaswi Pandit†
dishonour of cheque
Del HC | Import of S. 9 NI Act defining ‘holder in due course’ cannot be pre-judged; petition for quashing cheque dishonour complaint dismissed
Delhi High Court: Sunil Gaur, J. dismissed a petition seeking quashing of a complaint filed under Section 138 (dishonour of cheque) of the Negotiable Instruments
Madras HC | Presumption under S. 139 NI Act not available in case of principal-agent relationship between accused and complainant
Madras High Court: G. Jayachandran, J., dismissed an appeal directed against the judgment of the first Appellate Court whereby it had reversed the
Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan
Delhi High Court: Sanjeev Sachdeva, J., dismissed a petition assailing the Appellate Court’s order whereby it had set aside the judgment of conviction
Cal HC | Authorised signatory not to be prosecuted under S. 138 NI Act if the company not arraigned as accused
Calcutta High Court: Asha Arora, J., allowed a criminal revision petition filed against the order of conviction and sentence awarded to the petitioners
Del HC | No vicarious liability on ‘Non-Executive Nominee Director’ for dishonour of cheque unless he is shown to be at company’s helm of affairs
Delhi High Court: The Bench of R.K. Gauba, J. interfered with the impugned order passed by Metropolitan Magistrate and quashed the summon issued
Del HC | Court refuses to exercise jurisdiction under S. 482 CrPC where notice under S. 251 already framed
Delhi High Court: The Bench of Sunil Gaur, J. refused to invoke the inherent extraordinary jurisdiction of the High Court under Section 482
Madras HC | Unlawful for holder of cheque to fill date and amount in blank cheque beyond knowledge of accused; execution of cheque explained
Madras High Court: The Bench of M.V. Muralidharan, J. upheld the order of respondent’s acquittal for an offence punishable under Section 138 of
Del HC | Independent directors can be summoned in S. 138 NI Act complaint on allegation of responsibility for day-to-day functions of accused company
Delhi High Court: The Bench of Sunil Gaur, J. held that the trial court did not commit any error while summoning the petitioners
Only drawer of cheque can be made an acccused in proceedings for dishonour of cheque
Gujarat High Court: A Bench comprising of J.B. Pardiwala, J. has directed quashing of criminal proceedings against the applicant and co-accused husband,
Dishonour of Post-dated cheque for discharge of existing liability is covered by Section 138 of the Negotiable Instruments Act, 1881
Supreme Court: In the matter where the question as to whether the dishonour of a post-dated cheque given for repayment of loan
Director’s liability in case of dishonour of cheque discussed
Supreme Court: In the present appeal, under special leave, against the decision of the Bombay High Court which rejected the petition of
Mere “bald assertion” not to be made against Directors in case of dishonour of cheque
Supreme Court: While deciding as to whether mere “bald assertion” under Section 138 read with Section 141 of the Negotiable Instruments Act,