Supreme Court Clarifies Liability Under Section 138 NI Act Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: (2023) INSC 218 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (Majority Opinion by Sanjay Kishan Kaul, J., Concurring Opinion by J.B. Pardiwala, J.) Can a director of a company be held liable […]
Supreme Court Clarifies Liability of Directors in Cheque Dishonor Cases Post IBC Resolution Date of the Judgment: March 15, 2023 Citation: 2023 INSC 232 Judges: Sanjay Kishan Kaul, J. and Abhay S. Oka, J. (authored by Sanjay Kishan Kaul, J.) and J.B. Pardiwala, J. (Concurring Opinion) Can a director of a company be held liable
Supreme Court Reinstates Complaints Dismissed for Non-Appearance in Cheque Bounce Cases Date of the Judgment: 01 March 2023 Citation: (2023) INSC 177 Judges: Justice Sudhanshu Dhulia and Justice Manoj Misra Can a criminal complaint be dismissed for the complainant’s absence even after their evidence has been recorded? The Supreme Court of India recently addressed this
Supreme Court Transfers Cheque Dishonour Cases: Yogesh Upadhyay vs. Atlanta Limited (2023) LEGAL ISSUE: Whether the Supreme Court can transfer cheque dishonor cases under Section 406 of the Code of Criminal Procedure, 1973 despite the specific jurisdiction outlined in Section 142(2) of the Negotiable Instruments Act, 1881. CASE TYPE: Criminal, Negotiable Instruments Act Case Name:
Supreme Court Transfers Cheque Dishonour Cases for Consolidated Trial LEGAL ISSUE: Whether cases related to cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 can be transferred to a different court for a consolidated trial, despite the jurisdictional provisions of Section 142 of the same Act. CASE TYPE: Criminal, Negotiable Instruments Act Case
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 Quashes Summons in Criminal Breach of Trust Case: Deepak Gaba & Ors. vs. State of Uttar Pradesh (2023) LEGAL ISSUE: Whether a mere wrong demand or claim constitutes criminal breach of trust under Section 406 of the Indian Penal Code, 1860. CASE TYPE: Criminal. Case Name: Deepak Gaba and Others vs. State of
Supreme Court Clarifies Liability of Company Directors in Cheque Dishonor Cases Date of the Judgment: 17 November 2022 Citation: (2022) INSC 1005 Judges: Krishna Murari, J. and Bela M. Trivedi, J. Can a company director be held liable for a cheque bounce if the company isn’t named in the complaint? The Supreme Court of India
Supreme Court clarifies the ‘legally enforceable debt’ under Section 138 of the Negotiable Instruments Act in cheque dishonor cases Date of the Judgment: 11 October 2022 Citation: (2022) INSC 497 Judges: Dr Dhananjaya Y Chandrachud, J and Hima Kohli, J Can a cheque issued as security for a loan still be valid if part of
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 quashes conviction of partner under Section 138 NI Act for firm’s cheque bounce: Dilip Hariramani vs. Bank of Baroda (2022) Date of the Judgment: May 9, 2022 Citation: 2022 INSC 418 Judges: Ajay Rastogi, J. and Sanjiv Khanna, J. Can a partner of a firm be held criminally liable for a cheque bounce
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
