Section 138 NI Act - CaseCiter (Page 2)

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Section 138 NI Act

A collection of 41 posts

N. Vijay Kumar vs Vishwanath Rao N. 2025 INSC 537 - Ss. 138,139 NI Act - Cheque Bounce Case - Probable Defence

Negotiable Instruments Act - Section 118,138,139- Section 118 (a) assumes that every negotiable instrument is made or drawn for consideration, while Section 139 creates a presumption that the holder of a cheque has received the cheque in discharge of a debt or liability. Presumptions under both are rebuttable,

S.C. Garg vs State Of Uttar Pradesh 2025 INSC 493 - S.138 NI Act - Res Judicata In Criminal Matters

Negotiable Instruments Act - Section 138 - The finding recorded by the jurisdictional criminal court in 138 NI Act proceedings between the parties would be binding to both the parties in any subsequent proceedings involving the same issue. (Para 12) Res Judicata - Principle of res judicata is equally applicable

Rakesh Bhanot vs Gurdas Agro Pvt. Ltd. 2025 INSC 445 - S.96 IBC - Moratorium - S. 138 NI Act

Insolvency and Bankruptcy Code 2016 - Section 96 ; Negotiable Instruments Act 1881 - Section 138 - The statutory liability against the directors under Section 138 of the N.I. Act, 1881, is personal and hence, continues to bind natural persons, irrespective of any moratorium applicable to the corporate debtor. The

Ashok Singh vs State Of Uttar Pradesh 2025 INSC 427 - S. 138 NI Act - Complainant's Financial Wherewithal

Negotiable Instruments Act 1881 - Section 138 - The onus is not on the complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour. Only if an objection is raised that

Rekha Sharad Ushir vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. 2025 INSC 399 - S. 138 NI Act - S. 200 CrPC - Suppression Of Material Facts

Code of Criminal Procedure 1973 - Section 200 - Negotiable Instruments Act - Section 138 -While filing a complaint under Section 200 of CrPC and recording his statement on oath in support of the complaint, if the complainant suppresses material facts and documents, he cannot be allowed to set criminal

Vishnoo Mittal vs Shakti Trading Company 2025 INSC 346 - IBC - Moratorium - S. 138 NI Act

Negotiable Instruments Act - Section 138 - The cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of the demand notice- Insolvency and Bankruptcy Code - Section 14 ; Negotiable Instruments Act - Section 138 -In this case,

Shri Sendhur Agro & Oil Industries vs Kotak Mahindra Bank Ltd. 2025 INSC 328 - S. 142 NI Act - S. 406 CrPC - Transfer Petition

Code Of Criminal Procedure 1973 - Section 406 ; Negotiable Instruments Act 1881 - Section 138, 142- Section 142 of the N.I. Act in clear terms, provides the complainant with the right to lodge a complaint, before a court, within whose jurisdiction, the branch of the bank where the cheque

M.S. Nagabhushan vs D.S. Nagaraja 2025 INSC 316 - S 138 NI Act - Liability

Note: No legal aspect discussed in the judgment - SC held that the complainant failed to lead evidence to conclusively establish that the entire amount under the post-dated cheques was a legally enforceable debt against the appellant- accused and therefore allowed appeal against HC judgment. 2025 INSC 316 M.S.

K. S. Mehta vs Morgan Securities And Credits Pvt. Ltd. 2025 INSC 315 - Ss. 138,141 NI Act - Non-Executive Directors

Negotiable Instruments Act 1882 - Section 138,141 - Non-executive and independent director(s) cannot be held liable under Section 138 read with Section 141 of the NI Act unless specific allegations demonstrate their direct involvement in affairs of the company at the relevant time - Mere designation as a

Balai Chandra Mondal vs Laxmipriya Dey - S 138 NI Act - Object

Negotiable Instruments Act 1881 - Section 138 - The object of Section 138 is primarily compensatory and the punitive element of the said provision has the object of enforcing the compensatory element - Referred to Meters and Instruments (P) Ltd. vs. Kanchan Mehta (2018) 1 SCC 560 [Context: SC reduced

Kamalkishor Shrigopal Taparia vs India Ener-Gen Private Limited 2025 INSC 223 - Ss. 138,141 NI Act - Non-Executive Director Not Liable

Negotiable Instruments Act, 1881 - Section 138,141- Mere designation as a director does not conclusively establish liability under Section 138 read with section 141 of the NI Act. Liability is contingent upon specific allegations demonstrating the director’s active involvement in the company’s affairs at the relevant time

Hitesh Verma vs Health Care At Home India Pvt. Ltd - Ss 138, 141 NI Act - Twin Requirements

Negotiable Instruments Act 1881 - Section 138, 141 - Only the signatory to the cheque is liable under Section 138, unless the case is brought within the four corners of Section 141 of the 1881 Act, no other person can be held liable -Twin requirements under sub-Section (1) of Section

Negotiable Instruments Act

Adhiraj Singh vs Yograj Singh - S 141 NI Act

Negotiable Instruments Act 1882 - Section 138, 141 - When the cheques were issued by the Company, the accused had already resigned and was not a director in the Company and was not connected with the company, he cannot be held responsible for the affairs of the Company - Distinguished

Negotiable Instruments Act

Bijoy Kumar Moni Vs Paresh Manna 2024 INSC 1024 -Ss 138,141 Negotiable Instruments Act

Negotiable Instruments Act - Section 138 -It is only the drawer of the cheque who can be held liable for an offence under Section 138 of the NI Act - An authorised signatory acting on behalf of the principal cannot be said to be the “drawer” of the cheque “on

Negotiable Instruments Act

Ravi Dhingra vs State of NCT of Delhi 2024 INSC 1013 - S 138,141 NI Act - Cheque Bounce Complaint

Negotiable Instruments Act - Section 138,141 - To maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct

Section 148 NI Act

Bijay Agarwal vs Medilines 2024 INSC 918- Ss 138,148,141 Negotiable Instruments Act

❓Can the signatory of a cheque authorized by the Company is a drawer ? Can such a signatory could be directed to deposit any sum out of the fine or compensation awarded by the trial Court under Section 148 of the Negotiable Instruments Act, 1881 as a condition for suspending the