Negotiable Instruments Act 1881

Negotiable Instruments Act, 1881 – Section 138 – Code of Criminal Procedure, 1973 – Section 482 – Security Cheque – Quash the criminal complaint.

Cheque Complaint – No Magistrate could insist that the particular person whose statement was taken on oath alone can continue to represent the Company till the end of the proceedings. Not only that, even if there was initially no authority the Company can at any stage rectify that defect by sending a competent person. 2021 (6) KHC 368

Negotiable Instruments Act, 1881 – there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. JT 2021 (10) SC 463 : 2021 (6) KHC 207

Negotiable Instruments Act 1881 – Section 139 raises the presumption “unless the contrary is proved”. Once the complainant discharges the burden of proving that the instrument was executed by the accused; the presumption under Section 139 shifts the burden on the accused. The expression “unless the contrary is proved” would demonstrate that it is only for the accused at the trial to adduce evidence of such facts or circumstances on the basis of which the burden would stand discharged. These are matters of evidence and trial. JT 2021 (10) SC 103 : 2021 (12) SCALE 269

Negotiable Instruments Act, 1881 – Section 138 – Whether the role in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act ? AIR 2021 SC 4898 : JT 2021 (10) SC 142 : 2021 (12) SCALE 234

Negotiable Instruments Act, 1881 – Section 138 – the gravity of complaint under N.I. Act cannot be equated with an offence under the provisions of the Indian Penal Code, 1860 or other criminal offences.