Supreme Court judgments on Negotiable Instruments Act, 1881

67 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections

Section 118 7 Section 138 47 Section 139 16 Section 141 13 Section 142 8 Section 143A 5

Topics

Cheque dishonour (Section 138 NI Act) 85

Prem Raj vs Poonamma Menon & Anr.

SC · 2 April 2024

[2024] 4 S.C.R. 29 : 2024 INSC 260

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 civi…

Rakesh Ranjan Shrivastava vs The State of Jharkhand & Anr.

SC · 15 March 2024

[2024] 3 S.C.R. 438 : 2024 INSC 205

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 f…

Susela Padmavathy Amma vs M/S Bharti Airtel Limited

SC · 15 March 2024

[2024] 3 S.C.R. 647 : 2024 INSC 206

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.

Ajitsinh Chehuji Rathod vs State of Gujarat & Anr.

SC · 29 January 2024

[2024] 1 S.C.R. 1083 : 2024 INSC 63

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…

Atamjit Singh vs State (NCT of Delhi) & Anr.

SC · 22 January 2024

[2024] 1 S.C.R. 1179 : 2024 INSC 84

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,…

Siby Thomas vs M/s. Somany Ceramics Ltd

SC · 10 October 2023

[2023] 13 S.C.R. 821 : 2023 INSC 890

In the impugned order, the High Court declined to quash the complaint u/s.138 r/w. s.141 of the Negotiable Instruments Act, 1881 qua the appellant-accused no.4 in exercise of the power u/s. 482 of the Cr.P.C.

Rajesh Jain vs Ajay Singh

SC · 9 October 2023

[2023] 13 S.C.R. 788 : 2023 INSC 888

Since the execution of the cheque is, admittedly, not under dispute, the limited question to be considered, is (i) whether the accused can be said to have discharged his ‘evidential burden’, for the courts below to have…

K. Hymavathi vs The State of Andhra Pradesh & Anr.

SC · 6 September 2023

[2023] 14 S.C.R. 412 : 2023 INSC 811

High Court if justified in quashing the criminal proceedings filed by appellant against respondent No.2-accused u/ss.138 and 142 of the Negotiable Instruments Act, 1881 holding that it was a fit case for quashing since t…

Ajay Kumar Radheyshyam Goenka vs Tourism Finance Corporation of India Ltd.

SC · 15 March 2023

[2023] 4 S.C.R. 986 : 2023 INSC 232

Insolvency and Bankruptcy Code 2016 – ss. 1(3), 7, 8, 9, 13, 14, 15, 29, 30, 31, 32A, 53, 61, 238 – Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rule 6 – Negotiable Instruments Act, 188…

Yogesh Upadhyay and Anr. vs Atlanta Limited

SC · 21 February 2023

[2023] 2 S.C.R. 511 : 2023 INSC 150

Negotiable Instruments Act, 1881 – ss.138, 142(1) – Code of Criminal Procedure, 1973 – s.406 – Transfer of criminal cases – Power of Supreme Court – Held: Notwithstanding the non-obstante clause in s.142(1), the power of…

B V Seshaiah vs The State of Telangana & Anr.

SC · 1 February 2023

[2023] 2 S.C.R. 293 : 2023 INSC 93

Negotiable Instruments Act, 1881 – s.138 – Conviction of the Appellants – Revision filed before High Court – Meanwhile, the parties entered into a Memorandum of Understanding (MoU) to settle the dispute, in terms thereof…

Pawan Kumar Goel vs State of U. P. & Another

SC · 17 November 2022

[2022] 10 S.C.R. 102 : 2022 INSC 1212

Negotiable Instrument Act, 1881 – ss. 138, 141, 142 – Whether a director of a company would be liable for prosecution u/s. 138 of NI Act without the company being arraigned as an accused – Held: If the complainant fails…

Kapil Kumar vs Raj Kumar

SC · 14 October 2022

[2022] 13 S.C.R. 554 : 2022 INSC 1094

Negotiable Instruments Act, 1881 – ss. 4 and 118 – Promissory note – Appellant instituted recovery suit against respondent contending that the latter borrowed Rs. 1 lakh from him and also executed a pro-note in favour of…

Dashrathbhai Trikambhai Patel vs Hitesh Mahendrabhai Patel & Anr.

SC · 11 October 2022

[2022] 16 S.C.R. 522 : 2022 INSC 1067

Negotiable Instruments Act, 1881 – s.138 and s.56 r/w s.15 – Legally enforceable debt on the date of maturity – Whether offence u/s.138 would deem to be committed if the cheque that is dishonoured does not represent the…

S. P. Mani and Mohan Dairy vs Dr.Snehalatha Elangovan

SC · 16 September 2022

[2022] 9 S.C.R. 634 : 2022 INSC 970

Negotiable Instruments Act, 1881 – ss.138 and 141 – Partnership firm – Cheque dishonour case – Vicarious liability of the partners – Held: Burden is on Board of Directors or officers in charge of the affairs of the compa…

Noor Mohammed vs Khurram Pasha

SC · 2 August 2022

[2022] 6 S.C.R. 860 : 2022 INSC 779

Negotiable Instruments Act, 1881 – s.143A – Mandate of – Failure to deposit interim compensation in terms of s.143A and its effect, if any, on the right of accused to cross-examine witnesses examined on behalf of the com…

Dilip Hariramani vs Bank of Baroda

SC · 9 May 2022

[2022] 4 S.C.R. 615 : 2022 INSC 539

Negotiable Instruments Act, 1881: s. 138 r/w s.141 – Dishonour of cheque – Vicarious liability of partner – On facts, cheque issued by authorised signatory of the partnership firm to the Bankfor part payment of loan - Di…

Tedhi Singh vs Narayan Dass Mahant

SC · 7 March 2022

[2022] 4 S.C.R. 442 : 2022 INSC 272

Negotiable Instrument Act, 1881: s.139 – Presumption in favour of holder – Respondent filed complaint stating that appellant was his friend and as he was in urgent need of money, he gave a sum of Rs.7 lakhs – However, ch…

Pradeep Kumar and Another vs Post Master General and Others

SC · 7 February 2022

[2022] 19 S.C.R. 583 : 2022 INSC 156

Negotiable Instruments Act, 1881: ss. 4, 78, 82 – Kisan Vikas Patra Rules, 1988 – rr. 14, 15, 19 Government Savings Certificate Act, 1959 s. 12 – Kisan Vikas Patras – Discharge of certificate – Appellants during the year…

Bhupesh Rathod vs Dayashankar Prasad Chaurasia & Anr.

SC · 10 November 2021

[2021] 7 S.C.R. 319 : 2021 INSC 710

Negotiable Instruments Act, 1881: ss.138, 142 – Complaint filed u/s.138 by the Managing Director of the appellant-company – Board Resolution authorising the Managing Director to file complaint for dishonour of cheque ann…

M/s Gimpex Private Limited vs Manoj Goel

SC · 8 October 2021

[2021] 11 S.C.R. 432 : 2021 INSC 637

Negotiable Instruments Act, 1881 – ss. 138, 139 – Parallel prosecutions arising from a single transaction u/s.138 – Impermissibility of – Dishonour of cheques – First set of complaints filed – Compromise – First complain…

Triyambak S. Hegde vs Sripad

SC · 23 September 2021

[2021] 9 S.C.R. 189 : 2021 INSC 529

Negotiable Instruments Act, 1881 – ss. 118 and 139 – The case of the appellant was that the respondent approached him to sell his house – Pursuant to which an agreement dated 06.06.1996 was executed by the respondent whi…

In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 vs .

SC · 16 April 2021

[2021] 4 S.C.R. 257 : 2021 INSC 257

Negotiable Instruments Act, 1881: s. 138 – Expeditious trial/disposal of cases u/s. 138 – Pendency of matters u/s. 138 at various levels, having adverse effect in disposal of other criminal cases – Imminent need for reme…

Alka Khandu Avhad vs Amar Syamprasad Mishra & Anr.

SC · 8 March 2021

[2021] 2 S.C.R. 633 : 2021 INSC 164

Negotiable Instruments Act, 1881 – s.138 r/w S.141 – Complaint filed against appellant – High Court refused to quash the same – On appeal, held: Dishonoured cheque was issued by original accused no.1-husband of the appel…

P. Mohanraj & Ors. vs M/s. Shah Brothers Ispat Pvt. Ltd.

SC · 1 March 2021

[2021] 14 S.C.R. 204 : 2021 INSC 133

Insolvency and Bankruptcy Code, 2016 – s.14 – Negotiable Instrument Act, 1881 – Chapter XVII – ss.138, 141 – Institution/continuation of proceeding u/s.138/141, NI Act, if covered by the moratorium provision i.e. s.14, I…

Aps Forex Services Pvt. Ltd. vs Shakti International Fashion Linkers & Ors.

SC · 14 February 2020

[2020] 2 S.C.R. 811 : 2020 INSC 195

Negotiable Instruments Act, 1881 – s.139 – Presumption as to legally enforceable debt or liability – Dishonour of four cheques issued by accused – Fresh consolidated cheque issued – Dishonour of the said cheque on presen…

Rajeshbhai Muljibhai Patel and Others etc. vs State of Gujarat and Another etc.

SC · 10 February 2020

[2020] 2 S.C.R. 687 : 2020 INSC 160

Negotiable Instruments Act, 1881 – ss.138 and 139 – Appellant no.1 is real brother of respondent-accused in a criminal case filed u/s.138 by their maternal uncle-appellant no.3 – Both the brothers are residents of UK – T…

Surinder Singh Deswal @ Col. S. S. Deswal & Ors. vs Virender Gandhi & Anr.

SC · 8 January 2020

[2020] 1 S.C.R. 395 : 2020 INSC 21

Negotiable Instruments Act, 1881 – s.s. 138, 143-A and 148 – Code of Criminal Procedure,1973 – s.s. 389, 482 – Respondent No.1 retired from a firm – Various cheques were issued by the appellants in favour of respondent a…

Uttam Ram vs Devinder Singh Hudan & Anr.

SC · 17 October 2019

[2019] 13 S.C.R. 425 : 2019 INSC 1160

Negotiable Instruments Act, 1881 – s.138 & ss.118, 139 – Respondent purchased apple crops of various growers which was carried out through ropeway to the roadhead for further transportation – Packing material was procure…

G. .J. Raja vs Tejraj Surana

SC · 30 July 2019

[2019] 10 S.C.R. 910 : 2019 INSC 838

Negotiable Instruments Act, 1881 – s.143A inserted by Amendment Act, 2018 w.e.f 01.09.2018 – Operation of – Retrospective or prospective – On 04.11.2016 Respondent filed complaint stating that two cheques of Rs.20,00,000…

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