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High Court Quashes Complaint in Cheque Dishonour Case Due to Non-Existent Debt — Loan Allegedly Advanced in 1996 Not Legally Recoverable as Time-Barred Debt Under Section 138 of Negotiable Instruments Act, 1881

The petitioner, accused in C.C. No.35622/2010 for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a petition under Section...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 NI Act is committed at the place of dishonour and service of notice, which was Delhi, not Bangalore.

The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Crimina...

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Bombay High Court Allows Clubbing of Three Cheque Dishonour Complaints Under Section 138 NI Act for Joint Trial. Common Transaction and Same Parties Justify Consolidation to Avoid Multiplicity of Proceedings.

The petitioner, Smt. Sumedha Chitpur, an advocate practicing at District and Sessions Court, Latur, filed a criminal writ petition under Articles 226 ...

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Bombay High Court Allows Revision in Summary Criminal Case Under Section 138 NI Act — Trial Must Be De Novo After Transfer Under Section 326 CrPC. The Court held that in summary trials, the successor Magistrate cannot act on evidence recorded by predecessor and must conduct de novo trial.

The applicant, Jaikishan Kanjiwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M/s Kumar Matc...

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Bombay High Court Allows Petition Challenging Condition of Pre-deposit of Compensation for Suspension of Sentence in NI Act Case. Condition Imposed by Sessions Court Held Unreasonable and Beyond Appellate Court's Power Under Section 357(2) CrPC.

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, was convicted by the Judicial Magistrate, F...

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Bombay High Court Quashes 'No Cross' Order in NI Act Case — Right to Cross-Examine Cannot Be Denied Without Giving Opportunity. Accused's Right to Cross-Examine Complainant's Witness Is a Valuable Right and Cannot Be Extinguished by Defaulting on Costs.

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a Criminal Writ Petition under Articl...