Negotiable Instruments Act, 1881 with Section 139

Supreme Court Upholds Acquittal in Cheque Dishonor Case: Rajco Steel Enterprises vs. Kavita Saraff (2024) INSC 288

Supreme Court Upholds Acquittal in Cheque Dishonor Case: Rajco Steel Enterprises vs. Kavita Saraff (2024) INSC 288 LEGAL ISSUE: Whether the accused successfully rebutted the presumption of guilt in a cheque dishonor case under Section 138 of the Negotiable Instruments Act, 1881, when the complainant failed to prove the existence of a legally enforceable debt. […]

Supreme Court Upholds Acquittal in Cheque Dishonor Case: Rajco Steel Enterprises vs. Kavita Saraff (2024) INSC 288 Read Post »

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Date of the Judgment: 18 January 2023 Citation: 2023 INSC 26 Judges: B.R. Gavai, J. and M.M. Sundresh, J. Can a conviction under Section 138 of the Negotiable Instruments Act be sustained if the accused demonstrates a probable

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Read Post »

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022)

Supreme Court Settles Liability in Cheque Bounce Cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Date of the Judgment: August 16, 2022 Citation: 2022 INSC 710 Judges: Dr. Justice Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can a person avoid liability for a bounced cheque by claiming they didn’t fill in

Supreme Court settles liability of drawer in cheque bounce cases: Oriental Bank of Commerce vs. Prabodh Kumar Tewari (2022) Read Post »

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022)

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) LEGAL ISSUE: Whether a summoning order and notice for an offence under Section 138 of the Negotiable Instruments Act, 1881 can be quashed based on factual defenses at a pre-trial stage. CASE TYPE: Criminal (Cheque Dishonour) Case Name: Rathish Babu Unnikrishnan

Supreme Court Upholds Summons in Cheque Dishonour Case: Rathish Babu Unnikrishnan vs. State (2022) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021)

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021) Introduction Date of the Judgment: 08 December 2021 Citation: 2021 INSC 733 Judges: N.V. Ramana, CJI, A.S. Bopanna, J., Hima Kohli, J. Can a person be convicted for cheque dishonor even if they claim the cheque was obtained under duress? The

Supreme Court Upholds Conviction in Cheque Dishonor Case: K.S. Ranganatha vs. Vittal Shetty (2021) Read Post »

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021)

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021) LEGAL ISSUE: Whether parallel prosecutions can be initiated under Section 138 of the Negotiable Instruments Act, 1881, for the same underlying liability when a settlement agreement has been made

Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (23 September 2021)

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (2021) LEGAL ISSUE: Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, that a cheque was issued for the discharge of a debt or liability, was successfully rebutted by the respondent. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name:

Supreme Court Upholds Conviction in Cheque Dishonor Case: Triyambak S. Hegde vs. Sripad (23 September 2021) Read Post »

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021)

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) LEGAL ISSUE: Whether the High Court was correct in reversing the trial court’s order of acquittal in a cheque dishonor case, considering the statutory presumptions under the Negotiable Instruments Act, 1881. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: M/s. Kalamani

Supreme Court Upholds Conviction in Cheque Dishonor Case: Kalamani Tex vs. P. Balasubramanian (2021) Read Post »

Supreme Court settles Presumption of Debt in Cheque Dishonor Cases: APS Forex Services vs. Shakti International (2020)

Supreme Court Settles Presumption of Debt in Cheque Dishonor Cases: APS Forex Services vs. Shakti International (2020) Date of the Judgment: 14 February 2020 Citation: (2020) INSC 123 Judges: Ashok Bhushan, J., M. R. Shah, J. Can a person be convicted for cheque bounce if they claim the cheque was for security? The Supreme Court

Supreme Court settles Presumption of Debt in Cheque Dishonor Cases: APS Forex Services vs. Shakti International (2020) Read Post »

Supreme Court Upholds Cheque Dishonor Case, Quashes Forgery FIR: Rajeshbhai Muljibhai Patel vs. State of Gujarat (2020)

Supreme Court Upholds Cheque Dishonor Case, Quashes Forgery FIR: Rajeshbhai Muljibhai Patel vs. State of Gujarat (2020) Date of the Judgment: February 10, 2020 Citation: 2020 INSC 123 Judges: R. Banumathi, J., A.S. Bopanna, J. Can a criminal case for forgery be allowed to proceed when the genuineness of the documents is already under scrutiny

Supreme Court Upholds Cheque Dishonor Case, Quashes Forgery FIR: Rajeshbhai Muljibhai Patel vs. State of Gujarat (2020) Read Post »

Supreme Court Upholds Presumption of Debt in Cheque Dishonor Case: Uttam Ram vs. Devinder Singh Hudan (2019)

Supreme Court Upholds Presumption of Debt in Cheque Dishonor Case: Uttam Ram vs. Devinder Singh Hudan (2019) LEGAL ISSUE: Whether a cheque dishonor case under Section 138 of the Negotiable Instruments Act, 1881, can be dismissed based on discrepancies in the amount claimed, despite the statutory presumption of debt. CASE TYPE: Criminal (Negotiable Instruments Act)

Supreme Court Upholds Presumption of Debt in Cheque Dishonor Case: Uttam Ram vs. Devinder Singh Hudan (2019) Read Post »

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019)

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) LEGAL ISSUE: Whether the accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881, regarding a cheque issued for a legally enforceable debt or liability. CASE TYPE: Criminal Appeal (Cheque Dishonor) Case Name: Basalingappa vs. Mudibasappa [Judgment Date]: April

Supreme Court Reverses Conviction in Cheque Dishonor Case: Basalingappa vs. Mudibasappa (2019) Read Post »

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