Tag: Cheque

APS FOREX SERVICES PVT. LTD VS SHAKTI INTERNATIONAL FASHION LINKERS & ORS- 14/2/2020

SUPREME COURT OF INDIA JUDGMENTS

Section 138 of the N.I-It appears that both, the Learned Trial Court as well as the High Court, have committed error in shifting the burden upon the complainant to prove the debt or liability, without appreciating the presumption under Section 139 of N.I. Act.

Ripudaman Singh Vs. Balkrishna- 13/03/ 2019

NEGOTIABLE INSTRUMENTS ACT, 1881 – Section 138 – Agreement for
sale – Cheques issued by the purchaser pursuant to the agreement for
sale was not honoured due to insufficient fund – Complaint filed for
dishonour of cheques – Accused moved High Court under section 482
of Cr.P.C – Proceeding quashed by High Court holding that the
cheques have not been issued for creating any liability or debt but for
the payment of balance consideration – The question arose as to
whether High Court was correct in quashing the proceeding – Held, No.

Surinder Singh Deswal @ Col. S.S. Deswal and Others Vs. Virender Gandhi-29/05/19

Section 138 /148 Read with section 143A of the N.I. Act-Whether the first appellate court is justified in directing the appellants – original accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the learned trial Court, pending appeals challenging the order of conviction and sentence and while suspending the sentence under Section 389 of the Cr.P.C., considering Section 148 of the N.I. Act as amended? Held yes.

Birendra Prasad Sah Vs. State of Bihar & ANR – 08/05/19

Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint.