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The Fragmentation of Criminal Liability: A Critical Dissent on Sumit Bansal v. M/s MGI Developers and Multiple Cheque Bounce Cases under Section 138 NI Act
Executive Summary The intersection of commercial exigencies and criminal jurisprudence has long been a site of friction within the Indian legal framework. The Negotiable Instrument
High Courts Cannot Quash Cheque Bounce Cases by Conducting a Pre-Trial Enquiry Under Section 482 CrPC: Supreme Court
Introduction The Supreme Court of India delivered a significant judgment on December 19, 2024, reaffirming the jurisdictional boundaries of High Courts when dealing with petitions
NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling
Introduction The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent j
Forensic Expert Evidence in Cheque Dishonour Cases: Himachal Pradesh High Court Clarifies Limits on Multiple Expert Opinions
Introduction The Himachal Pradesh High Court, in its judgment delivered on July 14, 2025, in Mantesh Kumar v. Shobha Ram [1], has provided important clarification on the limits gov
Supreme Court Clarifies Partner Liability Under Section 138 NI Act: Firm Need Not Be Arraigned
Introduction The Supreme Court of India, in a landmark judgment delivered on July 14, 2025, in Dhanasingh Prabhu v. Chandrasekar & Another, clarified the scope of partner liabi
SC Ruling: Interim Moratorium Under Section 96 Won’t Halt Section 138 NI Act Criminal Prosecution Against Individuals
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction In a significant ruling impacting individuals facing cheque dishonour cases while simultaneously unde
Section 138 of the NI Act: Supreme Court Rules Against Transfer of Cheque Dishonour Cases by Accused – A Legal Analysis
Introduction In a significant ruling on June 24, 2024, the Supreme Court observed that an accused cannot seek the transfer of a case related to the offence of dishonour of cheque u
Cheque Bounce Cases: J&K and Ladakh High Court Quashes Cheque Dishonor Complaint Against Company Director
Introduction The Jammu and Kashmir and Ladakh High Court recently quashed a complaint against a company director accused of dishonoring a cheque. The court observed that only the d
NI Act and IBC Conflict: A Comprehensive Legal Analysis of Dishonoured Cheque Proceedings Against Corporates Under Moratorium
Introduction The intersection of criminal law and insolvency proceedings presents complex legal challenges, particularly when examining the relationship between proceedings under t
