Tag Archives: Section 138

A Legally Enforceable Debt u/s. 138 of the Negotiable Instruments Act, 1881

By Rudrajyoti Nath Ray, Senior 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 … 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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