Negotiable Instruments Act, 1881
40 Supreme Court judgments considering this law. Search within these.
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Poonam v. Dule Singh & Ors.
The High Court upheld the judgment of the trial Court by recording a finding that by failing to disclose conviction in the affidavit filed along with nomination form, there was a breach of Rule 24-A of the Madhya Pradesh Nagar…
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Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal
Whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881, when a Cheque has been issued on behalf of a Trust, the said complaint would be maintainable against the…
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Sanjabij Tari v. Kishore S. Borcar & Anr.
The present appeal has been filed challenging the ex-parte judgment and order dated 16.04.2009 passed by the High Court acquitting the respondent no.1-accused u/s.138 of the Negotiable Instruments Act, 1881 and reversing the…
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Anukul Singh v. State of Uttar Pradesh and Anr.
Issue arose whether the High Court was justified in rejecting the application seeking quashing of the charge sheet as well as the consequential proceedings arising out of the FIR registered for offences punishable u/ss.420, 467,…
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Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul
When the amount mentioned and demanded in the notice sent under Proviso (b) to s.138 of the Negotiable Instruments Act, 1881, to the payee or the holder in due course of the cheque, is different from the amount for which the…
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Mansi Brar Fernandes v. Shubha Sharma and Anr.
Whether the appellants, fall within the category of “speculative investors” so as to disentitle them from initiating proceedings u/s.7 of the IBC; whether the Ordinance/Amendment Act introducing threshold requirements for filing…
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Anil Khandelwal Etc. v. Phoenix India and Anr.
Whether the High Court erred in rejecting the quashing petition filed by the appellants-Officers of the Bank challenging the order passed by the Magistrate issuing process against them for the offences punishable u/ss.500 and…
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Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.
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HDFC Bank Limited v. State of Maharashtra and Anr.
Issue arose whether the High Court was justified in quashing the complaint insofar as respondent no.2-director of the company on the ground that necessary averments to invoke the vicarious liability against the respondent no.2…
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Rajendra Anant Varik v. Govind B. Prabhugaonkar
Whether the High Court was justified in reversing the judgment of the First Appellate Court acquitting the appellant-accused and setting aside his conviction u/s.138, Negotiable Instruments Act, 1881 as recorded by the trial…
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S.C. Garg v. State of Uttar Pradesh & Anr.
The appellant’s petition u/s.482 of the Criminal Procedure Code, 1973 seeking quashment of Criminal Case No. 7489 of 2002 pending on the file of Chief Judicial Magistrate for offences u/s.420 of the Penal Code, 1860 was dismissed…
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M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the complainant in such…
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Ashok Singh v. State of Uttar Pradesh & Anr.
Whether the High Court erred in setting aside the concurrent findings of guilt and the consequent conviction of the respondent no.2-accused under Section 138, Negotiable Instruments Act, 1881.
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Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd.
Issue arose whether the proceedings initiated against the appellants u/s.138 rw s.141 of the Negotiable Instruments Act should be stayed in view of the interim moratorium u/s.96 of the Insolvency and Bankruptcy Code, 2016 having…
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Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.
Whether the complaint filed by the respondent-Credit Co-operative Society under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque allegedly issued by the appellant in favour of the respondent, ought to…
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Vishnoo Mittal v. M/s Shakti Trading Company
Whether the High Court was justified in relying upon P. Mohan Raj case which held that the immunity granted by the moratorium order issued under Section 14, IBC can only be obtained by a Corporate Debtor and not by a natural…
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M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers u/s.406 CrPC…
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Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth & Ors.
Whether the execution of penalty orders passed by the NCDRC can be stayed under the interim moratorium provisions of s.96 of the Insolvency and Bankruptcy Code, 2016.
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Kamalkishor Shrigopal Taparia v. India Ener-Gen Private Limited & Anr.
Whether the High Court was justified in dismissing the petitions filed by the Appellant-an independent non-executive director under Section 482, CrPC seeking quashing of criminal proceedings initiated against him under Section…
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Bharat Aambale v. The State of Chhattisgarh
Appellant had been convicted by the Courts below under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. The issue was whether the conviction could be said to have been vitiated because of…
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M/s Naresh Potteries v. M/s Aarti Industries and Another
Issue arose as regards whether the complaint filed by the appellant u/s. 138 of the Negotiable Instruments Act, 1881 is in accordance with the requirement u/s.142 of the NI Act.
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed offender status,…
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Bijoy Kumar Moni v. Paresh Manna & Anr.
The dishonoured cheque in question was signed by respondent-accused, in his capacity as Director and Authorised Signatory of the Company Shilabati Hospital Pvt. Ltd., on the account maintained by the Company with Standard…
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Muskan Enterprises & Anr. v. The State of Punjab & Anr.
Issue arose whether the High Court was justified in dismissing the subsequent petition u/s.482, Cr. PC on the ground that since the earlier petition had been withdrawn without liberty obtained to apply afresh, the subsequent…
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The State of Karnataka v. Chandrasha
Issue as regards the correctness of the order passed by the High Court setting aside the conviction of the respondent-government servant u/ss.7 and 13(1)(d) r/w s.13(2) of the Prevention of Corruption Act, 1988 for demanding of…
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Bijay Agarwal v. M/s Medilines
Whether the signatory of a cheque authorized by the Company is a drawer and whether such a signatory could be directed to deposit any sum out of the fine or compensation awarded by the trial Court u/s.148 of the Negotiable…
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State (NCT) of Delhi v. Rajeev Sharma
Issue arose as to whether the courts below were justified in convicting the petitioners u/s.138 of the Negotiable Instruments Act, 1881 for dishonour of cheques and sentencing them to six months of simple imprisonment and to pay…
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Sri Sujies Benefit Funds Limited v. M. Jaganathuan
In order to partly discharge the loan amount, a cheque was issued by the respondent-accused for a sum of Rs.19,00,000/-. However, the cheque was returned with the endorsement ‘Account Closed’. Whether a discrepancy apropos the…
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Sri Dattatraya v. Sharanappa
Whether the High Court had rightly affirmed the acquittal of the respondent in a complaint case moved for the offence punishable u/s. 138 of the Negotiable Instruments Act, 1881 by its judgment dated 03.03.2023.
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National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors. Etc.
On a complaint filed u/s. 200 CrPC, wherein the Magistrate took cognizance of the complaint for the offence u/s. 29A (i) read with s. 50 and punishable u/s. 49 (2A) of the 1987 Act against the first respondent-company, second…
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Shri Gurudatta Sugars Marketing Pvt. Ltd. v. Prithviraj Sayajirao Deshmukh & Ors.
Whether the signatory of the cheque, authorized by the “Company”, is the “drawer” and whether such signatory could be directed to pay interim compensation in terms of section 143-A of the Negotiable Instruments Act, 1881 leaving…
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A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors.
High Court whether justified in exercising its inherent power under Section 482, Cr.P.C and the power under Section 147, N.I. Act, 1881 to compound the offence u/s.138 of the Negotiable Instruments Act, 1881, despite the…
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M/s New Win Export & Anr. v. A. Subramaniam
Whether in the instant case, conviction under Section 138 of the Negotiable Instruments Act, 1881 could be quashed by the Supreme Court as the parties had settled the dispute among themselves by entering into a settlement…
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Elfit Arabia & Anr. v. Concept Hotel BARONS Limited & Ors.
Whether claims of the petitioner in the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 were barred by limitation.
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Raj Reddy Kallem v. The State of Haryana & Anr.
Appellant was convicted u/s.138 of the Negotiable Instruments Act, 1881. Additionally, an FIR was also filed against the appellant u/ ss.406, 420, 120B, IPC. Parties agreed to compound the offence at the appellate stage and a…
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Prem Raj v. Poonamma Menon & Anr.
Whether, a criminal proceeding can be initiated and the accused therein held guilty with natural consequences thereof to follow, in connection with a transaction, in respect of which a decree by a competent Court of civil…
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Rakesh Ranjan Shrivastava v. The State of Jharkhand & Anr.
Whether the provision of sub-section (1) of s.143A, Negotiable Instruments Act, 1881, which provides for the grant of interim compensation, is directory or mandatory. If it is held to be a directory provision, what are factors to…
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Susela Padmavathy Amma v. M/S Bharti Airtel Limited
The High Court rejected the prayer for quashing of criminal complaints qua the appellant in connection with the offence punishable u/s. 138 r/w. s.142 of the Negotiable Instruments Act, 1881.
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Ajitsinh Chehuji Rathod v. State of Gujarat & Anr.
Appellant-accused convicted u/s.138, Negotiable Instruments Act, 1881, had claimed mismatch of signatures on the cheque in question. His application for comparison of the signature as appearing on the cheque through the…
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Atamjit Singh v. State (Nct of Delhi) & Anr.
Whether the High Court was justified in quashing the order passed by the Metropolitan Magistrate summoning Respondent No. 2 in relation to commission of offence under Section 138 of the Negotiable Instruments Act, 1881, on the…