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Supreme Court judgments on Section 138, Negotiable Instruments Act, 1881

47 judgments, latest first, from 2019 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 138 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

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Cheque dishonour (Section 138 NI Act) 85
Renuka vs The State of Maharashtra and Another
SC · 7 April 2026
[2026] 5 S.C.R. 26 : 2026 INSC 327
Whether the Sessions Court as well as the High Court erred in holding that the complaint as filed by the appellant u/s.138 of the N.I. Act was liable to be dismissed at the pre-trial stage on the ground that the cheque i…
S. Nagesh vs Shobha S. Aradhya
SC · 6 January 2026
[2026] 1 S.C.R. 183 : 2026 INSC 27
Issue arose as regards the correctness of the order passed by the Magistrate taking cognizance of the respondent’s complaint u/s.138 of the NI Act, even before the delay of two days in its presentation was condoned.
Poonam vs Dule Singh & Ors.
SC · 6 November 2025
[2025] 12 S.C.R. 1 : 2025 INSC 1284
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…
Dhanasingh Prabhu vs Chandrasekar & Another
SC · 14 July 2025
[2025] 7 S.C.R. 655 : 2025 INSC 831
The appellant-complainant advanced a loan of Rs.21,00,000/- to the respondents, who are partners in the partnership firm 'Mouriya Coirs'. In discharge of the debt, respondent No.1 issued a cheque on behalf of the firm wh…
HDFC Bank Limited vs State of Maharashtra and Anr.
SC · 22 May 2025
[2025] 5 S.C.R. 2162 : 2025 INSC 759
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 responden…
Rajendra Anant Varik vs Govind B. Prabhugaonkar
SC · 6 May 2025
[2025] 6 S.C.R. 303 : 2025 INSC 633
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 t…
S.C. Garg vs State of Uttar Pradesh & Anr.
SC · 16 April 2025
[2025] 5 S.C.R. 627 : 2025 INSC 493
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…
M/s Celestium Financial vs A. Gnanasekaran Etc.
SC · 8 April 2025
[2025] 4 S.C.R. 2612 : 2025 INSC 804
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…
Ashok Singh vs State of Uttar Pradesh & Anr.
SC · 2 April 2025
[2025] 4 S.C.R. 504 : 2025 INSC 427
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.
Rakesh Bhanot vs M/s. Gurdas Agro Pvt. Ltd.
SC · 1 April 2025
[2025] 4 S.C.R. 573 : 2025 INSC 445
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, 201…
Rekha Sharad Ushir vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.
SC · 26 March 2025
[2025] 3 S.C.R. 1189 : 2025 INSC 399
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,…
Vishnoo Mittal vs M/s Shakti Trading Company
SC · 17 March 2025
[2025] 4 S.C.R. 41 : 2025 INSC 346
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 nat…
M/s Shri Sendhur Agro & Oil Industries vs Kotak Mahindra Bank Ltd.
SC · 6 March 2025
[2025] 3 S.C.R. 714 : 2025 INSC 328
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.4…
Kamalkishor Shrigopal Taparia vs India Ener-Gen Private Limited & Anr.
SC · 13 February 2025
[2025] 3 S.C.R. 91 : 2025 INSC 223
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 S…
M/s Naresh Potteries vs M/s Aarti Industries and Another
SC · 2 January 2025
[2025] 1 S.C.R. 40 : 2025 INSC 1
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.
Bijoy Kumar Moni vs Paresh Manna & Anr.
SC · 20 December 2024
[2024] 12 S.C.R. 1946 : 2024 INSC 1024
The dishonoured cheque in question was signed by respondentaccused, in his capacity as Director and Authorised Signatory of the Company Shilabati Hospital Pvt. Ltd., on the account maintained by the Company with Standard…
Bijay Agarwal vs M/s Medilines
SC · 21 October 2024
[2024] 10 S.C.R. 1890 : 2024 INSC 918
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 Negotiab…
M/s S.S. Production and Anr. P1: M/s S. S. Production P2: TR. S. Subbiah vs TR. Pavithran Prasanth
SC · 1 October 2024
[2024] 10 S.C.R. 2248 : 2024 INSC 1059
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 an…
Sri Sujies Benefit Funds Limited vs M. Jaganathuan
SC · 13 August 2024
[2024] 8 S.C.R. 322 : 2024 INSC 602
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 aprop…
Sri Dattatraya vs Sharanappa
SC · 7 August 2024
[2024] 8 S.C.R. 121 : 2024 INSC 586
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.
Shri Gurudatta Sugars Marketing Pvt. Ltd. vs Prithviraj Sayajirao Deshmukh & Ors.
SC · 24 July 2024
[2024] 7 S.C.R. 1211 : 2024 INSC 551
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…
A.S. Pharma Pvt. Ltd. vs Nayati Medical Pvt. Ltd. & Ors.
SC · 23 July 2024
[2024] 7 S.C.R. 1476 : 2024 INSC 690
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…
M/s New Win Export & Anr. vs A. Subramaniam
SC · 11 July 2024
[2024] 7 S.C.R. 1225 : 2024 INSC 535
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 settlemen…
Raj Reddy Kallem vs The State of Haryana & Anr.
SC · 8 April 2024
[2024] 5 S.C.R. 203 : 2024 INSC 347
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 a…
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…
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.
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…

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