Section 138 NI Act: Dishonour of Cheque
Case: Sarvesh Bisaria v. Anand Nirog Dham Hospital Pvt. Ltd. & Ors
Coram: Hon’ble Ms. Justice Asha Menon
Case No: CM (M) 148/2020
Court Observation: “Though the petitioner/plaintiff has claimed now that those loan transactions were something different, that would be a matter to be seen during the trial. When the respondent/defendant has challenged the claim of the petitioner/plaintiff that he had acted as legal advisor to them and, therefore, the invoice raised was for a fee, this fact too will have to be proved. In fact, in the application for leave to defend, the respondent/defendant has averred that the petitioner/plaintiff had claimed to have been providing legal assistance to the respondent/defendant since the year 2000, yet the invoice had been raised only in December 2018, and therefore, the amounts raised in the invoice would also be time-barred.”
“With regard to the submissions made by the learned counsel for the petitioner/plaintiff, that, on taking cognizance of an offence by the learned MM under Section 138 of the N.I. Act automatically a decree against the respondent/defendant should follow, cannot be accepted, as cognizance leads to trial and the accused can also get acquitted”
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Previous Judgments
Supreme Court: State Cannot Plead Financial Burden To Deny Salary For Legally Serving Doctors
Writ Jurisdiction Not For Deciding ‘Hotly Disputed Questions Of Facts’, Reiterates Supreme Court
Keywords
Section 138 NI Act, Supreme Court, Cheque Dishonour & Judgment.
