LegalFirms.in

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.

Topics
Cheque dishonour (Section 138 NI Act) 85
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…
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…
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…
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…
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…
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…
Christopher Raj vs K Vijayakumar
SC · 5 July 2019
[2019] 9 S.C.R. 61 : 2019 INSC 726
Negotiable Instruments Act, 1881: s.138 – Insufficiency of funds – Dishonour of cheque – Trial court acquitted the appellantaccused – In appeal by complainant before High Court, there was no representation for the appell…
Rohitbhai Jivanlal Patel vs State of Gujarat & Anr.
SC · 15 March 2019
[2019] 5 S.C.R. 417 : 2019 INSC 393
Negotiable Instruments Act, 1881 – ss. 118, 138 and 139 – Presumption u/ss. 118 and 139 – 7 cheques of Rs. 3 Lakhs each, drawn by the accused-appellant in favour of the complainantrespondent no.2 – Dishonoured – Trial Co…
Anss Rajashekar vs Augustus Jeba Ananth
SC · 18 January 2019
[2019] 1 S.C.R. 731 : 2019 INSC 59
Negotiable Instruments Act, 1881 – ss.138 and 139 – Dishonour of cheque – Appeal against conviction – Appellant’s plea was that there was an absence of legally enforceable debt and the burden which was cast by the provis…
Himanshu vs B. Shivamurthy & Anr.
SC · 17 January 2019
[2019] 1 S.C.R. 991 : 2019 INSC 53
Negotiable Instruments Act, 1881 – s.141 and Proviso to s.138 – Maintainability of Complaint – When cheque was drawn by a person as a director of a Company – Appellant borrowed a sum of money from respondent and issued a…

All judgments on the Negotiable Instruments Act, 1881 · All Acts · Topics · Judges