Section 138 NI Act

A collection of 41 posts

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Dhruv Varma vs. J K Varma - CrPC/BNSS - Revisional Jurisdiction - Sentence Enhancement Suo Motu

Code of Criminal Procedure 1973 - Section 397-401 - In the absence of any challenge by the complainant seeking enhancement of sentence, the High Court, while exercising revisional jurisdiction at the instance of the accused, could not have placed the accused in a worse position than under the appellate judgment.

Negotiable Instruments Act

Anilkumar Manohar Devadhar v. Praveen Adivayya Hiremath, 2026 INSC 452 - S.138 NI Act

Negotiable Instruments Act 1881 - Section 138 - No legal aspects discussed in this judgment - The respondent issued two cheques of Rs. 2,00,000 and Rs. 50,00,000 to the appellant, which were dishonoured, leading to his conviction under Section 138 of the Negotiable Instruments Act with

Negotiable Instruments Act

Renuka v. State of Maharashtra 2026 INSC 327 - S.138 NI Act - Issuance Of Process

Once the basic ingredients of Section 138 N.I. Act are duly satisfied by the complainant, the rebuttal of statutory presumption by the drawer can only be made during the course of trial

Negotiable Instruments Act

Saroj Pandey v. Govt. of NCT of Delhi 2026 INSC 324 - S.141 NI Act - Board Resolution

A Board Resolution is a document that is signed by the members of the Board of Directors for decisions taken or conclusions arrived at for matters placed before the Board for consideration and decision.

Negotiable Instruments Act

Rekha v. Golf Links Finance and Resorts Pvt. Ltd. - S.138 NI Act - Compounding After Convicion

Negotiable Instruments Act 1881 - Section 138 - An offence punishable under Section 138 N.I. Act is compoundable with the consent of parties at any stage, even after conviction. Case Info Case Information Case name: Rekha v. Golf Links Finance and Resorts Pvt. Ltd. & Ors.Neutral citation: Not

Negotiable Instruments Act

Yatendra Singh v. State of U.P. 2026 INSC 109 - S.138 NI Act - Restoration Of Complaint

Negotiable Instruments Act, 1881 - Section 138 - Dismissal for default of Complaint Case No. 1125/2022 filed under Section 138 and the High Court’s refusal to restore it - Allowing appeal, the Supreme Court held that the High Court was not right in declining to interfere and restore

Negotiable Instruments Act

Sumit Bansal v. MGI Developers and Promoters 2026 INSC 40 - NI Act - Cheque Bounce -Multiple Cheques

Read Judgment In LawLens Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register

Negotiable Instruments Act

S. Nagesh v. Shobha S. Aradhya; 2026 INSC 27 - NI Act - Delay Condonation - Taking Cognizance

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Read

Negotiable Instruments Act

Sri Om Sales v. Abhay Kumar @ Abhay Patel - 2025 INSC 1474 BNSS/CrPC - Quashing - Cheque Bounce Complaint

Read Judgment In LawLens Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register

Negotiable Instruments Act

Bharat Mittal v. State of Rajasthan ; 2025 INSC 1459 - S.148 NI Act - Company Director - Referred to Larger Bench

Read Judgment In LawLens Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register

Negotiable Instruments Act

Golla Naraesh Kumar Yadav etc. v. Kotak Mahindra Bank 2025 INSC 1387 - CrPC - Transfer Of NI Act Cases

Code of Criminal Procedure 1973 - Section 406; Negotiable Instruments Act 1881 - Section 142 - Supreme Court doubts the correctness of the Judgment in Shri Sendhur Agro & Oil Industries vs. Kotak Mahindra Bank Ltd which held that mere convenience or inconvenience of the parties may not by itself

Negotiable Instruments Act Featured

Jai Balaji Industries Ltd. v. M/s HEG Ltd.; 2025 INSC 1362 - Cheque Bounce Case - Jurisdiction Of Courts

Read Judgment In LawLens Negotiable Instruments Act 1881 - Section 138,142(2)(a) -The jurisdiction to try a complaint filed under Section 138 in respect of a cheque delivered for collection through an account, i.e., an account payee cheque, is vested in the court within whose local jurisdiction

Negotiable Instruments Act

Virender Singh Dongwal v. Manju Aggarwal - S.138 NI Act - Quasi - Criminal

Negotiable Instruments Act - Section 138 - The offence under Section 138 of the NI Act is quasi-criminal in nature and is explicitly made compoundable under Section 147 of the Act. The legislative intent is to ensure the payment of money and promote the credibility of cheques- Referred to modified

Negotiable Instruments Act

Rajeev Khandelwal v. State of Maharashtra - S.138 NI Act - Settlement - Costs

Negotiable Instruments Act 1881 - Section 138 - During the pendency of the revision before High Court, the complainant and accused entered into an agreement. The accused was acquitted, subject to the condition that he shall deposit the cost with the State Legal Services Authority in accordance with the judgment

Negotiable Instruments Act

Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal 2025 INSC 1210 - S.138 NI Act - Trustees

💡Whether without making a Trust an accused, a complaint would be maintainable against a Trustee in the eye of law under the NI Act? Negotiable Instruments Act 1881 - Section 138 - When a cause of action arises due to an alleged dishonour of cheque and a complaint is initiated

Negotiable Instruments Act

Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul 2025 INSC 1133- S.138 NI Act - Demand Notice - Cheque Amount

Negotiable Instruments Act 1881- Section 138- It is mandatory that the demand in the statutory notice has to be the very amount of the cheque. After mentioning the exact cheque amount, the sender of the service may claim in the notice amounts such as legal charges, notice charges, interest and

Negotiable Instruments Act

Radhika Traders v. Ashtalaxmi Trading Company - S.138 NI Act- Cheque Bounce - Appeal By Complainant

Negotiable Instruments Act 1881 - Section 138 -Complainant in a case under Section 138 of the Act is entitled to maintain an appeal against acquittal even without seeking the leave of the Court - Referred to Celestium Financial Vs. A. Gnanasekara. (Para 5) Case Info Case Name and Neutral Citation

Negotiable Instruments Act

H. S. Oberoi Buildtech Pvt. Ltd & Ors. vs MSN Woodtech - S.138 NI Act - Limitation

Negotiable Instruments Act 1881 - Section 138,142- Once the statute prescribes a mandatory time limit for filing a complaint, there cannot be any deviation from the same except when an application accompanying the complaint is filed seeking condonation disclosing reasons for the delay and even then it is obligatory

Negotiable Instruments Act

Shree Nagani Silk Mills Pvt. Ltd. v. L.D. Industries Ltd. 2025 INSC 1064 - S.138 NI Act - SICA - CrPC

Negotiable Instruments Act 1881 - Section 138 ; Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) - There is no embargo on filing a complaint under Section 138 of N.I. Act against a ‘SICK’ company; Even if there is a restraint order under Section 22A of SICA, the nature of

Negotiable Instruments Act

Gian Chand Garg vs Harpal Singh - S.138 NI Act - Compounding

Negotiable Instruments Act - Section 147 - Although dishonour of cheque entails criminal consequence, the legislature by virtue of section 147 of the NI Act has made it compoundable notwithstanding the provisions of the Code of Criminal Procedure, 1973 and the same can be compounded at any stage of the

Negotiable Instruments Act

Mohammad Ali vs Sharanappa - S.138 NI Act - Fine & Compensation

Negotiable Instruments Act 1881 -Section 138 ; Code of Criminal Procedure 1973 - Section 357 - Section 138 of the Act authorises the learned Magistrate to impose by way of fine an amount which may extend to twice the amount of cheque, with or without imprisonment. In all such cases, where

Criminal

Dhanasingh Prabhu vs Chandrasekar 2025 INSC 831 - S.138 NI Act - Partnership Firm Not Arraigned As Accused

Negotiable Instruments Act 1881 - Section 138 - Even in the absence of partnership firm being named as an accused, if the partners of the partnership firm are proceeded against, they being jointly and severally liable along with the partnership firm as well as inter-se the partners of the firm,

Criminal

Celestium Financial vs A. Gnanasekaran 2025 INSC 804 - S.372 CrPC - Victim's Right To Appeal - Cheque Bounce Cases

💡 If the victim of an offence is a complainant, can he/she prefer an appeal under the proviso to Section 372 CrPC? Code of Criminal Procedure 1973 - Sections 372,378 [Section 413,419 BNSS] - The victim of an offence has the right to prefer an appeal under the

Criminal

HDFC Bank Limited vs State Of Maharashtra 2025 INSC 759- S.141 NI Act

❓What should complainant plead in Cheque Bounce complaint to attract Section 141 NI Act? Negotiable Instruments Act, 1881 - Section 138, 141 - The repetition of the exact words of the Section in the same order, like a mantra or a magic incantation is not the mandate of the law.

Criminal

Rajendra Anant Varik Vs Govind B. Prabhugaonkar 2025 INSC 633 - S.138 NI Act - Compounding - Article 142 Power

Negotiable Instruments Act- Section 138 - Supreme Court invoked Article 142 powers to to compound the offence under Section 138 NI Act and acquit the accused-subject to the condition that the entire amount [Cheque amount plus compensation amount] deposited by the accused-appellant shall be paid to the complainant-respondent, if the