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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
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…
Sripati Singh (Since Deceased) through His Son Gaurav Singh vs The State of Jharkhand & Anr.
SC · 28 October 2021
[2021] 10 S.C.R. 116 : 2021 INSC 687
Negotiable Instruments Act, 1882: s.138 – Respondent no.2 obtained financial assistance of Rs.2 crore from the appellant due to previous acquaintance and assured that the amount would be returned in June/July 2015 – Towa…
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…
Suman Chadha & Anr. vs Central Bank of India
SC · 9 August 2021
[2021] 8 S.C.R. 370 : 2021 INSC 386
Contempt of Courts Act, 1971: ss. 2(b), 19 – Contempt of court – Wilful breach of the undertaking given to the Court – On facts, bank filed a petition u/ss. 10 and 12 for punishing the petitioners for wilful and delibera…
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…
Sumeti Vij vs M/s Paramount Tech Fab Industries
SC · 9 March 2021
[2021] 2 S.C.R. 266 : 2021 INSC 172
SUMETI VIJ v. M/S PARAMOUNT TECH FAB INDUSTRIES (Criminal Appeal No(s). 292 of 2021) MARCH 09, 2021 [INDU MALHOTRA AND AJAY RASTOGI, JJ.] Negotiable Instruments Act, 1881 – s.138 – Order placed by the accused-appellant –…
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…
M/s. Kalamani Tex & Anr. vs P. Balasubramanian
SC · 10 February 2021
[2021] 1 S.C.R. 668 : 2021 INSC 72
M/S. KALAMANI TEX & ANR v. P. BALASUBRAMANIAN (Criminal Appeal No. 123 of 2021) FEBRUARY 10, 2021 [N.V. RAMANA, SURYA KANT AND ANIRUDDHA BOSE, JJ.] Negotiable Instruments Act, 1881: ss. 118 and 139 – Presumption as to ne…
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…
Dr. Lakshman vs The State of Karnataka & Ors.
SC · 17 October 2019
[2019] 13 S.C.R. 480 : 2019 INSC 1153
DR. LAKSHMAN v. THE STATE OF KARNATAKA & ORS. (Criminal Appeal Nos. 1573-1575 of 2019) OCTOBER 17, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – ss.403, 406, 417, 418, 420, 506(B), 422, 120(B) – Appell…
M/s. Shree Daneshwari Traders vs Sanjay Jain and Another
SC · 21 August 2019
[2019] 11 S.C.R. 370 : 2019 INSC 932
M/S. SHREE DANESHWARI TRADERS v. SANJAY JAIN AND ANOTHER (Criminal Appeal Nos. 61-62 of 2011) AUGUST 21, 2019 [R. BANUMATHI AND A. S. BOPANNA, JJ.] Negotiable Instruments Act, 1881: ss.138, 139 – Dishonour of cheque – In…
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…
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…
Surinder Singh Deswal @ Col. S.S. Deswal and Others vs Virender Gandhi
SC · 29 May 2019
[2019] 8 S.C.R. 746 : 2019 INSC 688
SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS v. VIRENDER GANDHI (Criminal Appeal Nos. 917-944 of 2019) MAY 29, 2019 [M. R. SHAH AND A. S. BOPANNA, JJ.] Negotiable Instruments Act, 1881: ss.138, 148 – Deposit of fi…
Birendra Prasad Sah vs The State of Bihar & Anr.
SC · 8 May 2019
[2019] 8 S.C.R. 702 : 2019 INSC 649
BIRENDRA PRASAD SAH v. THE STATE OF BIHAR & ANR. (Criminal Appeal No. 000868 of 2019) MAY 08, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Code of Criminal Procedure, 1973: s.482 – Quashing of cognizance of…
G. Ramesh vs Kanike Harish Kumar Ujwal & Anr.
SC · 5 April 2019
[2019] 5 S.C.R. 751 : 2019 INSC 468
Code of Criminal Procedure, 1973: s.482 – Quashing of complaint filed under s.138 NI Act – Case of the appellantcomplainant was that the partnership firm of which the first respondent was a partner had obtained contracts…
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…
Bir Singh vs Mukesh Kumar
SC · 6 February 2019
[2019] 2 S.C.R. 24 : 2019 INSC 149
Negotiable Instruments Act, 1881: s.138 and 139 – Dishonour of cheque for insufficient funds – Conviction by trial Court as well as appellate court – In Revision, High Court reversing the concurrent factual finding of 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…
Kishan Rao vs Shankargouda
SC · 2 July 2018
[2018] 5 S.C.R. 69 : 2018 INSC 561
Negotiable Instruments Act, 1881 – s. 139 – Presumption in favour of holder – Rebuttal of – Dishonour of cheque due to insufficiency of funds – Conviction by the trial court – High Court set aside the conviction holding…

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