Dishonor of Cheque - recovery of loan - The criminal proceedings ...

Section 138 of Negotiable Instruments Act: Criminal Cases Cannot Coerce Disputed Loan Repayment.

October 12, 2018

Case Laws Indian Laws HC

Dishonor of Cheque - recovery of loan - The criminal proceedings filed under Section 138 of the Negotiable Instrument Act cannot be used as arm-twisting tactics to recover the amount allegedly due from the petitioner

View Source

← Previous Next →

Dishonor of Cheque - recovery of loan - The criminal proceedings ...

Section 138 of Negotiable Instruments Act: Criminal Cases Cannot Coerce Disputed Loan Repayment.

October 12, 2018

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - applicability of principles of discharge - allegations of taking the amount on the pretext of Chinese technology - Forged documents and cheating -...

The HC determined that in a dishonored cheque case under Section 138 of the Negotiable Instruments Act, proceedings had not yet reached the stage contemplated under...

Penalty u/s 271D - taking and repaying back of loan in cash - Relief granted by the CIT(A) based on under Negotiable Instrument act, for guilty for dishonouring of...

Criminal breach of trust - loan and its repayment - dishonest intention or not - proceeding under Section 138 of the N.I. Act is pending for dishonor of cheque -...

Dishonor of Cheque - initiation of Criminal Case - Whether a criminal case initiated under Section 138 of Negotiable Instrument Act, after ending in conviction and reach...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...

Dishonor of Cheque - insufficiency of funds - Proceedings under IBC versus offence under the NI Act - for the period of moratorium, since no Section 138/141 proceeding...

The High Court addressed the issue of dishonour of cheque and compounding of the matter. Referring to a Supreme Court case, it discussed the scope of Section 138 of the...

Dishonour of Cheque - insufficient funds - When once issuance of cheque is proved, the presumption under Section 138 of N.I.Act would arise with regard to consideration....

Dishonor of Cheque - interpretation clause ‘c’ of the proviso to section 138 of N.I. Act - Admittedly in the case in hand, the required notice was issued on 01.03.2016...

Dishonor of cheque case - vicarious liability of directors u/s 138 read with Sections 141 and 142 of Negotiable Instruments Act. Court held specific, unambiguous...

Offence u/s 138 of Negotiable Instruments Act is not compoundable u/s 320 Criminal Procedure Code. High Court erred in invoking power u/s 482 Criminal Procedure Code and...

Dishonour of Cheque - amicable settlement of disputes - The Court observed that since the financial disputes underlying the criminal complaints had been resolved...

Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

Quick Updates: