IMPORTANCE OF PLEADING IN NI ACT-It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business...
Negotiable Instrument Act
NI ACT-The applicability of Section 143A of the Act must, therefore, be held to be prospective in nature and confined to cases where offences were committed after the introduction of Section 143A, in order to force an accused to...
Practice Direction to be followed by Courts dealing with cases u/s 138 of NI Act 1881(22.04.2022)
2 min read
The Magistrates of first-class/Metropolitan Magistrates having jurisdiction are directed to try the offences under the Negotiable Instruments Act, 1881, under summary procedure as enumerated under Section 143 of the said Act. They are further directed to record reasons for...
In Re: Expeditious trial of cases U/S 138 of NI Act 1881- Creation of Special Courts – 19/05/2022
7 min read
This court by its subsequent order dated 31.03.2021 had required High Courts to file status reports indicating compliance with the directions contained in the judgment and as to whether rules were framed appropriately in line with the judgment. Similarly,...
Section 138 of the Negotiable Instruments Act-
Section 139 of the N.I. Act-Capacity to lend money-the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed to prove that there is legally recoverable debt payable by the...
Once it is realized that Sections 143 to 147 were designed especially to lay down a much simplified procedure for the trial of dishonoured cheque cases with the sole object that the trial of those cases should follow a...
where the “payee” is a proprietary concern the complaint can be filed (i) by the proprietor of the proprietary concern describing himself as the sole proprietor of the “payee” - In a case of this nature, where the “payee”...
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...
