Negotiable Instruments Act Archives

‘Error in writing the correct figure in words would not make the cheque invalid’; Delhi High Court sets aside discharge order

Overwriting of the date on the cheque has not been considered as a material interpolation meriting dishonour of the cheque.

Case Briefs Supreme Court

Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers

For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.

Case Briefs High Courts

CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt

The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.

Cases Reported SCC Weekly

2024 SCC Vol. 8 Part 4

Energy, Power and Electricity — Electricity — Generation and Transmission/Supply/Distribution of electricity

Case Briefs High Courts

In case of no settlement or compromise between parties, Lok Adalat to return matter to Court for disposal: Gujarat HC reiterates

In the case at hand, no settlement was arrived at between the parties and the matter was disposed of in the Lok Adalat by exercising the power under Section 256 of CrPC.

Cases Reported SCC Weekly

2024 SCC Vol. 4 Part 3

Appellate Jurisdiction under Section 37(2) of the Arbitration Act: Jurisprudence on the setting aside awards under Section 34 of the Arbitration Act

Op Eds OP. ED.

Resolution versus Penalisation: Is IBC Deviating from its Purpose?

by Shekhar Raj Sharma* and Akshita Grover**

Case Briefs Supreme Court

Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance

“Both the appellate fora, on-going through the evidence did not find existence of any ‘enforceable debt or other liability’. This strikes at the root of the Rajco Steel’s case”

Payment of interim compensation discretionary

Case Briefs Supreme Court

S. 143-A NI Act| Factors laid down by SC for exercising discretion in payment of interim compensation in cheque dishonour cases

“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”

Cases Reported SCC Weekly

2024 SCC Vol. 1 Part 3

Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:

Cases Reported SCC Weekly

2023 SCC Vol. 10 Part 5

Civil Procedure Code, 1908 — S. 11 — Res judicata: Only determinations which are essential or fundamental to the substantive decision, and

Case Briefs High Courts

Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court

“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”