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May 2, 2024
Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has...
November 13, 2023
Justice Amit Bansal of the Delhi High Court recently upheld summoning orders passed in a complaint case u/s 138 Negotiable Instruments Act, observing that evidence need not be gone into by the MM...
September 4, 2023
Judgments/OrdersUAPA - Watali Precedent Wont Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw...
August 29, 2023
Judgments/OrdersSupreme Court Sets Aside Order Suspending Conviction Of Lakshadweep MP Mohammed Faizal; Asks Kerala HC To Decide AfreshCase Title: U.T. Administration of Lakshadweep v. Mohammed Faizal...
August 26, 2023
The Supreme Court reitereated that in cheque cases, the evidence of witnesses on behalf of the complainant can be permitted to be taken on affidavit.In this case, the High Court quashed the order...
December 13, 2021
The Allahabad High Court recently observed that in a complaint under Section 138 of the Negotiable Instruments (NI) Act 1881, an accused can be summoned on the basis of an affidavit by the complainant
April 16, 2021
Section 138 NI Act -... Share This - x A Constitution Bench of the Supreme Court has directed that Magistrates have to record reasons before converting trial of complaints under Section 138 of Negotiable Instruments Act from summary trial to summons trial in exercise of power under the second proviso to Section 143 of the Act. "The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the Act fro...
April 16, 2021
Share This - x A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act. The directions are as follows : High Courts are to issue practice directions to the Magistrates regarding the conversion of summary trial to summons trial. The Magistrates shall hold enquiry under Section 202 CrPC before issuing summons to an accused who is residing beyond the territorial jurisdiction ...
March 3, 2021
The Supreme Court on Wednesday expressed a <i>prima facie</i> view that the Union Government has a duty to create additional courts for the better administration of the laws made by the Parliament.A bench com...