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Showing posts with label complaint u/s 138 of ni act. Show all posts
Showing posts with label complaint u/s 138 of ni act. Show all posts
Monday, 9 February 2026

Important articles and Judgments on S 223 of BNSS

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  1) To what extent the Session Judge or Magistrate can permit accused to put his defence at pre-cognizance stage as per S 223 of BNSS? http...
Tuesday, 14 October 2025

Supreme Court: Even a Typing Mistake Can Invalidate a Cheque Bounce Notice

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 From the afore-stated reiterative pronouncements and the principles propounded by the courts, the position of law that emerges is  that the...
Tuesday, 30 September 2025

Mastering District Judge Interviews: Essential Q&A on Pre-Cognizance, Revision, Loan Disputes & reply notice by accused in cheque bounce case

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These Interview questions are based on supreme court judgment   Sanjabij Tari Vs. Kishore S. Borcar and Ors.  Decided On: 25.09.2025, Citati...
Monday, 29 September 2025

Cheque Bounce Case Maintainable Even For Cash Loan Above ₹20,000 : Supreme Court Sets Aside Kerala High Court Ruling

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Recently, the Kerala High Court in P.C. Hari v. Shine Varghese and Anr.,   MANU/KE/2702/2025 has taken the view that a debt created by a cas...

Supreme Court Issues Directions For Speedy Trial Of Cheque Bounce Cases : No Need For Pre-Cognizance Summons To Accused In S.138 NI Act Case

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E. Recently, the High Court of Karnataka in Ashok v. Fayaz Aahmad   MANU/KA/1743/2025 has taken the view that since NI Act is a special enac...

Section 138 NI Act: Supreme Court's Latest Guidelines on Compounding Cheque Bounce Cases (September 2025)

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The Supreme Court has recently revised the guidelines for compounding dishonour of cheque cases under Section 138 of the Negotiable Instru...
Sunday, 14 September 2025

The Signature That Never Was: A Tale of Forensic Truth and Legal Justice

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  When Ink Tells a Different Story In a busy commercial court, where large sums change hands on the strength of a signature, a peculiar dis...
Friday, 15 August 2025

Authorization Lapse in Cheque Bounce Cases: Dismiss or Decide Later?

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Understanding the Law on Maintainability and Judicial Approach under Section 138 NI Act The filing of a complaint under Section 138 of the ...

Supreme Court : Procedural defects and irregularities in criminal complaint which are curable, should - not be allowed to defeat substantive rights or to cause injustice

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Having heard learned Counsel for the parties and after perusing the material on record, we find that admittedly authorisation by the Board o...

Supreme Court: The court should not dismiss criminal complaint U/S 138 of NI Act at the threshold only on the ground that complainant was not authorized to file complaint?

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 A Company can file a complaint only through human agency. The person who presented the complaint on behalf of the Company claimed that he i...
Saturday, 26 July 2025

Supreme court: Complaint U/S 138 of NI Act can Be Amended Even After Cognizance Is Taken

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 The issue, whether a criminal court has power to order amendment of a complaint filed under Section 200 of the Cr.P.C., is no longer res in...
Wednesday, 2 July 2025

J & K HC: Magistrate may issue pre-cognizance notice to the accused as per S 223 of BNSS in cheque bounce case

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 Section 223 BNSS provides for issuance of pre-cognizance notice to the accused and said provision was not available in the corresponding Se...

J & K HC: Magistrate should not issue non-bailable warrant against accused at pre-cognizance stage of the complaint U/S 138 of NI Act

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 So far as the case in hand is concerned, the learned Magistrate upon satisfying himself regarding to record the service of pre-cognizance n...
Sunday, 22 June 2025

Supreme Court Asks Magistrates To Ascertain Truth Of Complaints Before Summoning Accused U/ S.200 CrPC/S.227 BNSS

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 Recording the complainant's statement on oath Under Section 200 of the Code of Criminal Procedure is not an empty formality. The object...
Friday, 20 June 2025

Interim Compensation In Cheque Dishonour Cases U/S 143A NI Act Isn't Mandatory : Supreme Court Lays Down Broad Parameters

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19. Subject to what is held earlier, the main conclusions can be summarised as follows: a. The exercise of power Under Sub-section (1) of Se...
Friday, 6 June 2025

Supreme Court Recognizes Complainant as Victim, Grants Unconditional Appeal Right in Cheque Bounce Acquittals

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  Background In a significant judgment delivered on April 8, 2025, the Supreme Court of India addressed a crucial legal question: Can a co...

Supreme Court: Complainant In S.138 NI Act Case Can File Appeal Against Acquittal As 'Victim' Under S.372 Proviso CrPC

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A person who is a complainant under Section 200 of the  CrPC who complains about the offence committed by a person who  is charged as an acc...
Tuesday, 3 June 2025

What is limitation period for filing of execution of compromise decree of S 138 of N I Act case?

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  Introduction Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is a widely used legal provision to address the offence of dish...
Sunday, 26 January 2025

Supreme Court: Lack Of Territorial Jurisdiction No Ground To Transfer Complaint, Raise Objection Before Magistrate

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 The petitioners are the accused in the complaints filed under Section 138 of the Negotiable Instruments Act, 1881.  The contention of the p...
Saturday, 28 September 2024

Rajasthan HC: Complainant in Case Under S 138 of NI Act is victim as per s 2(y) of BNSS, he can file appeal against acquittal before Sessions Court

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This application for grant of leave to file appeal has been  filed by complainant-Vikram Manshani against the judgment dated  12.02.2024 pas...