Offence under S. 138 NI Act is person specific, scheme of prosecution different from CrPC, Supreme Court

The Supreme Court has held that when a cheque, which is drawn by a company, is dishonoured, the company will have to be made a party to the proceedings under Section 138 of Negotiable Instruments Act (NI Act) and failure to do so will vitiate the prosecution. Importantly, a Bench of Justices Jasti Chelameswar and S Abdul Nazeer also held that the scheme of prosecution under NI Act is different from that under the Code of Criminal Procedure (CrPC) and offence under Section 138 of the NI Act is person-specific. The decision was rendered in an appeal filed by the […] The post Offence under S. 138 NI Act is person specific, scheme of prosecution different from CrPC, Supreme Court appeared first on Bar & Bench.…
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The B&B Causelist #420: Disaster Management, Telangana judges, WWE & more

A summary of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India MC Mehta v. Union of India & Ors. Gaurav Kumar Bansal v. Union of India & Ors. Telangana Judges Association and Anr. v. Union of India And Ors. Delhi High Court World Wrestling Entertainment vs. Mr Syed Farooq Kadri & Ors SUMMARY OF CASES Supreme Court of India 1. MC Mehta v. Union of India & Ors. Item 59 in Court 4 – IA No. 345 in WP(C) 13029/1985 Bench: Madan B Lokur, Deepak Gupta JJ. Check evening updates. 2. Gaurav Kumar Bansal v. Union of India & Ors. [Item 62 in Court 4 – WP (C) No. 444/2013] Bench: Madan B Lokur, Deepak Gupta JJ. This case pertains to formulation of Disaster management policies at the national, State and district levels. The Court on the previous date of hearing directed the Central government to frame the national plan under Section 11 of the Disaster Management Act, 2005. It also directed the National Disaster Management Authority to ensure that a district plan is drawn up by every district in the country as mandated by Section 31 of the Disaster Management Act.…
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