Category: Case Laws-NI-High Courts

Whether the court, where the cheque was presented through an account maintained by the payee/holder for collection, has jurisdiction to entertain the complaint alleging commission of offence under Section 138 of Negotiable Instruments (NI) Act, 1881? – Alfa One Global Builders Pvt. Ltd. Vs. Nirmala Padmanabhan – Kerala High Court

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A transaction not reflected in the books of accounts/ITR of the holder of the cheque can be permitted to be enforced by instituting proceedings u/s 138 of Negotiable Instruments Act, 1881 and violation of Section 269SS/271AAD of Income Tax Act, 1961 would not render the transaction unenforceable u/s 138 – Prakash Madhukarrao Desai Vs. Dattatraya Sheshrao Desai – Bombay High Court

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There is a presumption u/s 138 of NI Act, 1881 that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Sec. 138 for the discharge, in whole or in part or any debt or other liability – Piyush Kumar Pappu Vs. Mukesh Kumar Bharti – Delhi High Court

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Whether on account of non-payment of the amount as directed u/s 148 of the Negotiable Instruments Act, 1881, suspension of sentence will be automatically or consequentially cancelled? – Major Singh Vs. State of Haryana and another – Punjab & Haryana High Court

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