Bearer negotiable instruments Bearer negotiable instruments (BNIs) includes monetary instruments in bearer form such as: traveller’s cheques; negotiable instruments (including cheques, promissory notes and money orders) that are either in bearer […]
APS FOREX SERVICES PVT. LTD VS SHAKTI INTERNATIONAL FASHION LINKERS & ORS- 14/2/2020
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.
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.
R. Vijayan Versus Baby and Another [ALL SC 2011 OCTOBER]
JT 2011 (13) SC 300 : (2011) 11 SCALE 550 We are conscious of the fact that proceedings under Section 138 of the Act cannot be treated as civil suits for recovery […]
INTRODUCTION TO THE OFFENCE OF DISHONOUR OF CHEQUE
The kinds of cheques as under: 1. Open cheque: The issuer of the cheque would just fill the name of the person to whom the cheque is issued, writes the amount and attacheshis signature […]
When a criminal case filed U/S 138 of Negotiable Instruments Act, referred to by Magistrate Court to Lok Adalat is settled by the parties and an award is drawn, can it be considered as a Decree and executable? Yes.
(SUPREME COURT OF INDIA) in K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232] Section 21 of the Act, which we have extracted above, contemplates a deeming provision, hence, it is a legal […]
To send a reminder notice to the drawer of the cheque and such notice cannot be construed as an admission of nonservice of the first notice
In the case of N. Parameswaran Unni v. G. Kannan and Another [Criminal Appeal No.455 of 2006], it was held that generally there is no bar under the Negotiable Instruments Act, 1881 “to send […]
Lalit Kumar Sharma and ANR Vs State of U. P. and ANR [SC 2008 May]
KEYWORDS:- Cheque issued towards the compromise of a Complaint bounced- If the cheque was issued in terms of the compromise, it did not create a new liability. As the compromise did not […]
A.C. Narayanan vs State Of Maharashtra & Anr [ SC 2013 September ]
Keywords:- Power of Attorney (i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent. (ii) The Power of Attorney holder can depose and verify […]
