Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights September 2020 Year 2020 This

Dishonor of Cheque - In this case, the cheques were postdated to ...


Court Rules Postdated Cheques Presented in 2007 Comply with Section 138 of Negotiable Instruments Act.

September 30, 2020

Case Laws     Indian Laws     HC

Dishonor of Cheque - In this case, the cheques were postdated to 10.12.2017. They became payable only from the dates endorsed therein. Even though the dates of presentation and dishonour were not specifically pleaded, it is clear from the averments made in the plaint that the cheques were presented within the period of two months since they became payable - thus notwithstanding that the issue of cheques was as early as in 2001, the presentation made in 2007 in accordance with proviso (a) to Section 138 cannot be said to offend Section 84 (2) of NI Act - HC

View Source

 


 

You may also like:

  1. Dishonour of Cheque - territorial jurisdiction - Foreign instrument - Cheque not made payable in India; and, was not drawn on a bank in India - The court noted that the...

  2. The Negotiable Instruments Act, 1881 was enacted to define and amend laws relating to promissory notes, bills of exchange, and cheques. Section 138, introduced through...

  3. Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

  4. In a case concerning dishonor of cheques u/s 138 of the Negotiable Instruments Act, the Court upheld the conviction and sentence. The accused admitted issuing cheques...

  5. 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...

  6. Dishonor of Cheque - Though the defendant has taken a stand that the cheque is issued as a security towards the transaction between the plaintiff and the defendant,...

  7. Dishonor of cheque - suit promissory notes - fill up the blanks - There is no mandatory provision under the Negotiable Instruments Act that both the signature and thump...

  8. Dishonour of Cheque - vicarious liability of director - The petitioners argued that they had resigned from their directorship well before the cheque was issued and could...

  9. 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...

  10. Dishonor of cheque - Jurisdiction of the courts - under the amended provision of Negotiable Instruments Act, the complaint u/s 138 of Negotiable Instruments Act can be...

  11. Application for revival/restoration of complaint - territorial Jurisdiction of Trial Court - Negotiable Instruments Act, 1881 - dishonor of cheques. - as the bank of...

  12. The case involves a petition to quash proceedings u/s 138 of the Negotiable Instruments Act due to failure to implead the company as an accused. The petitioner, a...

  13. Dishonour of Cheque - interim compensation u/s 143-A of Negotiable Instruments Act - The Act provides the discretion to the court for granting interim compensation not...

  14. HC dismisses petition regarding vicarious liability under Section 141 of Negotiable Instruments Act. The court upheld that a former director cannot be held criminally...

  15. HC ruled that a Managing Director cannot be held vicariously liable under Section 138 of Negotiable Instruments Act for a dishonored cheque that was not drawn by their...

 

Quick Updates:Latest Updates