Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Published : September 30, 2017 | Author : nitish788
Category : Banking and Finance laws | Total Views : 302 | Unrated

Advocate Nitish Banka, advocate supreme Court of India. nitish@lexspeak.in

Here are the few judgements for NI 138 Quashing

1. On deposit of cheque amount along with interest @ 18% Pa from the date of cheque till date of payment the proceedings under 138 NI act was quashed. Dalmia Resorts Pvt Ltd V Deepak Gupta (2002)98 DLT 181

2. When there was no averment in the complaint about petitioners, accused nos. 3 to 5 being in charge for conduct of business of accused no.1 company for the offence under NI. 138 NI act committed with their consent or connivance.

Shailender tiweri V. Meenakshi Anhal III (2002) BC 462
1. Where cheque was issued by a partnership firm, but cheque in question was neither issued nor signed by the petitioner and nothing was in the complaint to show that the petitioner was responsible for the conduct of business of company, complaint and summoning order against the company quashed. Anurag Mehra V. SD. Traders IV (2010) BC 211(212-214)(P&H).

2. Once the first complaint was dismissed in default, filing of 2nd complaint can never postpone the period of limitation or cause of action, the second complaint is liable to be quashed. If barred in time. Dilip Kumar Patra V. Jayant Kumar Mohanty III(2002) Bc 455.

3. The notice under provisio (b) of section 138 was not sent within 15 days of receipt of information about dishonor of cheque in bank. Nathu Singh Gangarde V jaswant singh (2002)2 MPHT 180

4. The accused did not function as chairman and director of accused company during the period when cheques were drawn SB Shankar V. Amman Steel Corp. II 2002 BC 351.

5. The complainant gave incorrect cheque numbers which according to complainant have been taken back and fresh cheques were issued. Kumar rubber industries V. Sohan Lal II 2002 BC 467 (P&H).

6. When accused neither signatory and nor in charge of day to day work of the firm. P Dhamodharan V. Palini Andavari Mills Ltd. (2002) 108 Comp cas 873.

7. When non- payment of cheque was neither wilful nor wanton on the part of accused company or its managing director but only due to bank order passed by the BIFR under section 22 A of sick industrial companies (special provisions Act) 1985 Kusum Ignots and alloys V. pennar Petersons securities Ltd. (2000) 2 SCC 745.

8. The letter issued by the complainant bot to the drawer company of the cheque but to another concerned to make payment failing which the matter shall be referred to legal department, which cannot be contemplated under clause(b) of section 138.

9. The material alteration done on the cheques of the year 1995 into 1996.

10. When employee of a company issued cheque in his individual capacity, he alone is the drawer; so proceedings against the company are liable to be quashed Kitex garments Ltd. V Ajay Kaushik I(2002) BC 388

11. When accused is sleeping partner. Shakti Bhakoo V. Raj Lakshmi Millls I(2002) Bc 401(P&H)

12. The accused retired from the partnership 3 months prior to the issuance of the cheque. B. hambhu Kumar V. Raghvendra steels Ltd I(2002) BC 438 MAD.

13. Accused not named in the complaint nor averment made to cover under 142 NI act. Charanjit Singh V. DB merchant Banking Services Ltd. I(2002) BC 489

14. When accused is proprietorship which is not a legal entity SK Real estate V. Sk Krishnamoorthy I(2002) BC 491

15. The cheque is dishonored as it did not bear the signature of managing director or company seal. Managing Director Jindal Paraxair Oxygen Co. Ltd. V Assistant commissioner entry tax I(2002) BC 582.

16. Complaint filed for recovery of time barred debt. Satish Kumar Mor Vs, MV Rajeswara Rao. III(2007) BC 5 AP
By Adv. Nitish Banka


1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Banking and Finance laws category
Amendment of 2013 of The Securitization And Reconstruction of Financial Assets And Enforcement Of Security Interest Act, 2002
The Reserve Bank of India and its functions
Protection of the interest of the investor
Applying the Usurious Loans Act of India
Legally Enforceable Debt u/s. 138 of the Negotiable Instruments Act, 1881
Reduction Of Capital, Does It Reduce Only Capital Or Even Minorities?
Working of Capital Market in India
Intellectual Property
Money Laundering
Indian Foreign Direct Investment Policy
Role of NGO in the WTO system
socio economic survey of the Project Affected Families of Kakinada SEZ Private Limited
Regionalism & Regional Trade Regulation
Recovery of Debts in Ancient India
Banking Frauds in India
Latest Financial Statement
Most recent articles in Banking and Finance laws category
Quash cheque bounce case
Financial Leasing
Insolvency and Bankruptcy Board of India
Tips to Revise A/C into NRO/NRE/ FCNR Prior to Immigration
History of Banking institution in India
Demonetization-Challenges In Cash Less Economy
Working of Capital Market In India
Money Laundering: An Insight
Algorithmic Trading
A case against system markets-automobile industry of India
Bank and Borrower a Relationship of Trust and Understanding
Futures and forward contracts
Debt Recovery Tribunal
Prohibition of Insider Trading Regulations, 2015
Working of Capital Market in India
Analysis of regulations governing IFSCs in India

Article Comments

there are no comments...

Please login or register a new free account.

Random Pick
Almost one-third of the world population consists of children. Therefore they need to be cared and protected, to keep up and improve posterity...

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3