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Cheque Bounce News

HC Enunciates: Mere denial of transaction and stating that Cheques were misused not sufficient for rebutting presumption, Read Judgment

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High Court expounds that Metropolitan Magistrate while issuing summons cannot delve into the evidence, Read Judgment

Lawyer, Civil Case, Court, Advocate,

HC: Failure to reply to Notice of dishonor or to make any effort to take back Cheque amounts to a failure in rebutting presumption under S. 139 of NI Act, Read Judgment

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[Negotiable Instrument Act] HC: Judgment of civil court binding on the criminal court for proving legally enforceable debt, Read Judgment

Reasonable presumption has to be made u/S 139 NI Act: HC directs paying of Cheque Amount, Read Judgment

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Can a Lawyer lay legal claim on Contingent Fees? High Court decides [Read Order]

Issue of Cheque Dishonour

HC Expounds: Offence u/s 138 NI Act, cannot be compounded if the settlement entered between the parties has failed, Read Judgment

HC Opines: When drawer signs over a Cheque in which alterations have been made, his consent for alterations is presumed, Read Judgment

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Cannot be said that Notice served on wife not served on husband u/S 138 NI Act: HC directs respondent to pay Cheque Amount, Read Judgment

Can a Non-Signatory to Dishonoured Cheque be prosecuted under Sec-138 NI Act for being a joint account holder? SC to examine

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This High Court makes mandatory e-filing of cases related to Sec-138 NI Act

Cheque-Bounce-Cases

HC: An issued CCheque as Security becomes eligible for presentation upon default...

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Summary Suits cannot be decreed solely based on the stale cheques, requires form...

HC Expounds: Burden of Proof is not to be shifted on Complainant when Accused ch...

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HC: Sole Proprietorship concern doesn't have to be arrayed as a Separate Party under Section-141 NI Act, Read Judgment

Court directs Man to pay double the amount in cheque bounce case

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Sec 138 NI Act proceedings are not barred during pendency of IBC proceedings, rules HC [Read Judgement]

[S. 138 of the NI Act]-HC: Only Drawer of Cheque can be held liable unless Cheque has been signed by every person who is a Joint Account Holder, Read Judgment

[Negotiable Instrument Act] HC: Notice without Dem... ...

HC Reiterates: S. 145 N.I. Act provides complete f... ...

HC Enunciates: Notice u/s 138 N.I. Act can't be te... ...

HC Enunciates: Directions to pay compensation for... ...

[NIA] Complaint filed before expiry of 15 days is... ...

Can a Conviction under Sec.138 NI Act by Magistrat... ...

HC Expounds: It’s for the accused to show at first... ...

HC Expounds: S. 147 of NI Act empowers Court to co... ...

Sec.138 NI Act: Court Convicts BJP Lawmaker in Che... ...

Negotiable Instruments Act, pic by: Legalconclave

HC Expounds: Mistake by Advocate in NI Act Case shall not prejudice the client, Read Judgment

Cheque Cases

HC Expounds: Unilaterally putting dates on a cheque without authority of the drawer amounts to material alterations to cheque and renders it void [Read Judgment]

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[Sec-138 NI Act]- Accused deserves Acquittal if ITRs of Complainant silent on Cash Loan and show lack of financial Capacity, Read SC Judgement

Cheque Cases

[S.138 NI Act] HC Expounds: Complainant’s Consent not mandatory for compounding case when adequately compensated [Read Judgment]

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[NIA] HC propounds that interim compensation order under Section 143A must be a well-reasoned order, Read Judgement

Cheque Cases

HC opines that a Cheque Bounce Case Can Be Compounded Even After a Conviction, Read Judgment

Cheque Bounce

HC: Merely being a signatory to a cheque does not, in and of itself, make a person guilty of the offence u/s 138 of the Negotiable Instruments Act [Read Judgment]

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Presumptions under NIA are only attracted when preconditions are satisfied, expounds HC, Read Judgment

HC: Any infirmity in the Cheque Return Memo doesn't render entire trial u/s 138 of the NI Act as nullity [Read Judgment]

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SC Expounds: Additional Accused cannot be impleaded once Limitation Period of Offence u/S 142 NI Act expires [Read Judgment]

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No bar on granting probation in Section -138 NI Act case, opines HC [Read Judgment]

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HC: If Sec- 138 NI Act stands withdrawn, continuation of proceedings under Sec 174-A IPC will be an abuse of Process of Law [Read Judgment]

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SC: Can't make Director vicariously liable under Sec-138 NI Act if his role and Company's name not mentioned in complaint [Read Judgement]

Cheque Cases

Whether Notice issued in a different language amount to proper notice under Sec 138(b) NI Act? HC answers [Read Judgment]

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HC set-asides Conviction under Sec 138 NI Act after settlement at Revision Stage [Read Judgment]

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HC: Can't make Wife accused under Sec-138 NI Act for cheque issued by her husband [Read Judgment]

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HC: Compensation under Sec-148 NI Act required to be paid in 60 days and not mere 15days [Read Judgement]

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HC: Complainant under NI Act not a victim under CrPC, only recourse is complaint Section 378(4) [Read Judgment]

Negotiable Instruments Act, pic by: Legalconclave

SC: Convenience of accused not a ground for transfer under Sec 138 [Read Order]

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