Page 2 - Section 138 News Today

The Kerala High Court on Thursday granted a stay on proceedings against two additional directors of a Company who were facing prosecution under Section 138 of the Negotiable Instruments Act for...

A bench of Justices Abhay S Oka and Rajesh Bindal issued notice on the plea.

The petitioners argued that the High Court did not quash proceedings against the non-signatory despite settled law.

The Supreme Court held that its power to transfer criminal cases under Section 406, CrPC remains intact in relation to cheque dishonour cases under Section 138 of the Negotiable Instruments Act.

The Supreme Court on Wednesday held that when parties to a litigation have entered into an agreement to compound an offence, the High Court cannot override such an agreement and impose its will on parties.

A division bench of Justices BR Gavai and MM Sundresh was of the view that the standard proof to rebut the presumption under section 139 of NI Act is that of preponderance of probabilities.

The Supreme Court recently held that a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per the convenience of the accused

The Delhi High Court on Tuesday appointed five retired judicial officers as presiding officers of the Special Courts dealing with cheque bounce cases under the Negotiable Instruments Act, 1881.

The Supreme Court on Friday last week stayed criminal proceedings under for offence of cheating and criminal breach of trust under the Indian Penal Code (IPC) against actor Ameesha Patel.

The CJI-led Bench aside a Rajasthan High Court order which had quashed the proceedings against the appellant under Section 138 of Negotiable Instruments Act 1881.