LegalFirms.in

Supreme Court and High Courts judgments on Cheque dishonour (Section 138 NI Act)

85 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (filed under the provisions below, or naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count.

Provisions
Section 138, Negotiable Instruments Act, 1881 47Section 143A, Negotiable Instruments Act, 1881 5
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…
Elfit Arabia & Anr. vs Concept Hotel BARONS Limited & Ors.
SC · 9 July 2024
[2024] 7 S.C.R. 1230 : 2024 INSC 536
Whether claims of the petitioner in the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 were barred by limitation.
M/S Rajco Steel Enterprises vs Kavita Saraff and Another
SC · 9 April 2024
[2024] 4 S.C.R. 255 : 2024 INSC 288
Issue arose as to whether the cheques were issued in discharge of a debt and if so, whether the respondent no.1 was able to rebut the presumption in terms of s. 118/139 of the Negotiable Instrument Act, 1881.
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…
M/S Moksh Agarbatti Co vs M/S Sri Basaveshwara Traders
Karnataka HC · 5 April 2024
This is a complainant's appeal filed under Section 378(4) of Cr.P.C. before the Karnataka High Court challenging the acquittal of the accused by the XXI Additional Chief Metropolitan Magistrate, Bengaluru, in a case unde…
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.
Krishna Automation And Software Solution Private Limited & Ors vs Balaachandra S. Mule
Karnataka HC · 7 March 2024
The petitioners, a private limited company and its two directors, challenged the concurrent findings of conviction by the trial court and the first appellate court for the offence punishable under Section 138 of the Nego…
Soumen Chaudhury vs The State (Govt Of NCT Of Delhi)
Delhi HC · 1 February 2024
Three anticipatory bail applications arising out of FIRs concerning alleged fabrication and use of forged medical certificates in multiple court proceedings and during investigation were heard together on account of comm…
Soumen Chaudhury vs The State (Govt Of NCT Of Delhi)
Delhi HC · 1 February 2024
Three bail applications — two by Soumen Chaudhury and Arindam Chaudhuri seeking anticipatory bail in FIR No. 311/2019 under Sections 468/471 IPC registered at PS Dwarka South, and one by Arindam Chaudhuri seeking anticip…
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,…
Lalit Mohan Mehta And Others vs State Of Punjab And Another
P&H HC · 19 January 2024
The petitioners, who were Non-Executive Independent Directors of M/s Housing Development and Infrastructure Limited (HDIL), sought quashing of summoning orders passed by the Judicial Magistrate Ist Class, Ludhiana under…
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…
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…
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…
Sunita Palita & Others vs M/s Panchami Stone Quarry
SC · 1 August 2022
[2022] 14 S.C.R. 458 : 2022 INSC 775
Code of Criminal Procedure, 1973: s.482 – Quashing of proceedings – Dishonour of cheque – Account Payee Cheque signed by accused no. 2, who was M.D. of the Company in favour of respondent in discharge of liability – On d…
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…
M/s Frost International Limited vs M/s Milan Developers and Builders (P) Limited & Anr.
SC · 1 April 2022
[2022] 14 S.C.R. 1100 : 2022 INSC 380
Code of Civil Procedure, 1908 : ss. 96, 115 and Or.VII r.11 Negotiable Instruments Act - ss. 118, 138 - Specific Relief Act - ss. 34, 41 – Suit for declaration – Rejection of plaint - Respondent no.1 engaged in business…
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…
M/s Trl Krosaki Refractories Ltd. vs M/s Sms Asia Private Limited & Anr.
SC · 22 February 2022
[2022] 2 S.C.R. 268 : 2022 INSC 214
Code of Criminal Procedure, 1973: s.482 – Dishonour of cheque – Respondent issued certain cheques in favour of the appellant company which on presentation were dishonoured by the bank – On respondent’s failure to comply…
New Okhla Industrial Development Authority (Noida) vs Yunus & Ors.
SC · 3 February 2022
[2022] 11 S.C.R. 923 : 2022 INSC 142
Legal Services Authorities Act, 1987 – ss.20-22 – Land Acquisition Act, 1894 – ss.28A, 26 – Whether the Award passed by a Lok Adalat u/s.20 of the 1987 Act can form the basis for redetermination of compensation as contem…
K.S. Ranganatha vs Vittal Shetty
SC · 8 December 2021
[2021] 9 S.C.R. 652 : 2021 INSC 837
K.S. RANGANATHA v. VITTAL SHETTY (Criminal Appeal No. 1860 of 2011) DECEMBER 08, 2021 [N. V. RAMANA, CJI, A. S. BOPANNA AND HIMA KOHLI, JJ.] Negotiable Instruments Act, 1881 – s.138 – Dishonour of cheque – Appellant acqu…
Sunil Todi & Ors. vs State of Gujarat & Anr.
SC · 3 December 2021
[2021] 9 S.C.R. 1086 : 2021 INSC 823
SUNIL TODI & ORS. v. STATE OF GUJARAT & ANR. (Criminal Appeal No. 1446 of 2021) DECEMBER 03, 2021 [DR. DHANANJAYA Y CHANDRACHUD AND A. S. BOPANNA, JJ.] Negotiable Instruments Act, 1881 – ss.138, 141 – Code of Criminal Pr…

All topics · Judgments by Act · Judgments by judge