Tag Archives: Cheque Bounce

Dashrath Requires a Second Read; Goodbye, Mr. Lodha!

By Rudrajyoti Nath Ray, Senior Associate In our post entitled “The Territorial Jurisdiction Conundrum”, we discussed how the Division Bench, in Dashrath, cleverly interpreted the “Harman Approach” and its effect on the “Bhaskaran Ratio”. It was fairly concluded by the … Continue reading

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… And we are back (with more Case Laws)

By Rudrajyoti Nath Ray, Senior Associate After a long summer holiday we are back again at the Hon’ble Supreme Court of India (“SC”). As we gear up to write more, analyze more and criticize even more – here are two … Continue reading

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“Cognizance of Offences” under Section 142 (b) of the Negotiable Instruments Act: A Brief Comment on ECON Antri Ltd. v. Rom Industries Ltd. and Anr.

By Rudrajyoti Nath Ray, Associate A person is deemed to have committed an offence, within the meaning of Section 138 of the Negotiable Instruments Act, 1881 (“Act”), when any cheque drawn by him, on an account maintained by him with … Continue reading

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Proceedings under Section 138 of the Negotiable Instruments Act: An Analysis of MSR Leathers v. S. Palaniappan & Anr.

By Rudrajyoti N. Ray, Associate The Supreme Court case of MSR Leathers, has been previously described by us in detail here. Today, this post shall look at the decision of the Hon’ble Supreme Court of India more closely. Section 138 … Continue reading

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Supreme Court Redefines Ambit of Proceedings under Section 138 of the Negotiable Instruments Act, 1881

By Nitesh Tiwari, Associate The Supreme Court of India in its judgment in MSR Leather vs. S Palaniappan, dated September 26, 2012, has redefined the procedure for commencing prosecution under Section 138 of the Negotiable Instruments Act, 1881. The procedure … Continue reading

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