Supreme Court rules magistrates must condone delay before taking cognizance of belated cheque dishonour complaints under the NI Act.
Read Full ArticleGujarat High Court extends deadline for filmmaker Rajkumar Santoshi to deposit balance in cheque bounce cases, suspends travel bar for Lahore 1947 promotions.
Supreme Court rules that Section 139 NI Act presumption cannot be rebutted through pre-trial enquiry under Section 482 CrPC; trial evidence required.
Kerala High Court rules inherent powers under BNSS cannot be used to quash Section 138 NI Act conviction after revision, even if parties settle later.
Supreme Court rules that cash loans above ₹20,000 do not invalidate cheque dishonour cases under Section 138 of the NI Act despite I-T Act violations.
Supreme Court grants interim bail to a woman jailed by an appellate court for changing lawyers in a cheque bounce appeal, calling the court’s approach unjustified.
Supreme Court sets aside cost imposed in NI Act case, holding that Damodar S. Prabhu is not a binding precedent and cannot be applied mechanically to settlements.
Kerala High Court rules that an accused can rebut the presumption under Section 139 NI Act by proving absence of debt through probable circumstances.
Madras HC rules conviction under Section 138 NI Act is not moral turpitude and cannot justify stopping pension of retired employee; directs release of dues.
Karnataka HC rules passport details of accused are personal and exempt from disclosure under RTI, allowing access only through court process in cheque-bounce case.
SC quashes cheque dishonour complaint filed 5 days late, rules 30-day limit under NI Act is mandatory and delay needs proper condonation process.
Absence of cheque, transfer or receipt doesn’t negate cash deal; promissory note & oral statement can establish enforceable debt: SC
Director can’t be prosecuted for cheque bounce if company is under moratorium under IBC, as management shifts to IRP, limiting repayment capacity: SC
Rajasthan High Court upholds remedy for premature cheque bounce complaints, emphasizing “Ubi Jus Ibi Remedium” and ensuring no complainant is left remediless.
ACRE, backed by Ares Management, issues an unconditional apology to IIFL Finance directors to avoid contempt over breach of undertaking in a legal dispute.
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