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HomePosts tagged "Section 138 NI Act"
16
Jan
The Fragmentation of Criminal Liability A Critical Dissent on Sumit Bansal v. Ms MGI Developers and Multiple Cheque Bounce Cases under Section 138 NI Act
January 16, 2026
Criminal LawSupreme Court

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

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By Aaditya Bhatt
24
Dec
High Courts Cannot Quash Cheque Bounce Cases by Conducting a Pre-Trial Enquiry Under Section 482 CrPC Supreme Court
December 24, 2025
Negotiable Instruments Act

Section 482 CrPC / 528 BNSS: Quashing Cheque Bounce Cases — SC Ruling

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

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By Chandni Joshi
November 24, 2025
Company LawKerala High Court

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

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By Aaditya Bhatt
22
Jul
July 22, 2025
Evidence Act

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

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By DhruIlKanabar
22
Jul
July 22, 2025
Negotiable Instruments Act

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

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By Team
12
Apr
April 12, 2025
Corporate Insolvency & NCLTCriminal LawJudicial DecisionsSupreme CourtThe Insolvency & Bankruptcy Code

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

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By Team
27
Jun
June 27, 2024
Uncategorized

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

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By Komal Ahuja
08
Jun
June 8, 2024
Jammu and Kashmir and Ladakh High CourtJudicial DecisionsLegal NewsNews Update

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

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By Komal Ahuja
24
May
May 24, 2023
Higher EducationNegotiable Instruments ActThe Insolvency & Bankruptcy CodeUniversity Education

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

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By DhruIlKanabar
Corporate Law
SEBI LODR Regulations 2026: Key Compliance Updates For Listed Companies
Corporate Law
Section 241 and 242 of the Companies Act, 2013: Oppression & Mismanagement — Who Has Standing to File? (2026 NCLAT Update)
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Employment bonds in india: supreme court on fairness & proportionality — can your employer hold you?
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