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27/04/2026

20/04/2026

Supreme Court Confirms You Can File Multiple Complaints under S. 138 NI Act for the Same Transaction: Where the appellant entered into an Agreement to Sell with the respondent developer - The respondent failed to execute and register the sale deeds in the agreed timeframe - The Respondent issued multiple cheques towards refund of the amount along with compensation - some drawn on the firm’s account and some personally by the proprietor - All the cheques were dishonoured upon presentation - The appellant filed multiple complaints under S. 138 NI Act

SC Held: It is well settled that under Section 138 of the NI Act, a separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete. The fact that multiple cheques arise from one transaction will not merge them into a single cause of action.
The Court clarified that mere multiplicity of complaints under S.138 NI Act does not constitute abuse of process when statutory requirements are fulfilled.

Sumit Bansal v. MGI Developers & Promoters, 2026 SCC OnLine SC 49

Cheques Bounced? Supreme Court Confirms You Can File Multiple Complaints under S. 138 NI Act for the Same Transaction

10/02/2025

Section 141 of Negotiable Instruments Act - Dishonour of Cheque by a Company

HITESH VERMA VS. M/S HEALTH CARE AT HOME INDIA PVT. LTD. , SLP(Crl) No. 008368 / 2019

FACTS: A complaint for dishonour of cheque was filed against a company and its directors and the Appellant. The Appellant approached the High Court seeking quashing of the complaint.
Inter-alia it was argued that he/she was not responsible for the day to day affairs of the company. Further, he/she was not the signatory to the cheques. However, High Court refused to interfere in the proceedings and dismissed the appeal.
At the onset it was observed by the Hon'ble Supreme Court that it is only the signatory of a cheque that could be made liable for the alleged offence. However, nowhere in the complaint it is asserted that the Appellant was in charge of the business of the company.

HELD: "There are twin requirements under sub-section (1) of S.141 NI Act, 1881. In the complaint it must be alleged that the person sought to be held liable by virtue of vicarious liability, at the time when the offence was committed, was in charge of, and was responsible to the company. A Director who in charge of the company and a Director who was responsible to the company for the conduct of business, are two different aspects. The requirement of law is that both the ingredients of sub-section (1) of s.141 NI Act must be incorporated in the complaint.
Admittedly there is no assertion in the complaint that the Appellant, at the time of commission of the offence was in charge of the business of the company. Therefore, on a plain reading, the Appellant cannot be prosecuted with the aid of sub-section (1) of S.141 NI Act."

In view of this, the Hon'ble Supreme Court set aside the impugned orders and allowed the present appeal. While doing so the Hon'ble Court made it clear that it has not touched upon the merits of the complaint with respect to other Accused persons.

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28/04/2023

Section 300 IPC- Double Jeopardy bars a second prosecution only where accused has been both prosecuted and punished for the same offence previously. But this clause does not bar a subsequent trial if the ingredients of the offences in the previous and subsequent truals are distinct
T.P. Gopalkrishnan vs. State of Kerela

26/04/2023

What constitutes as cruelty?
Cruelty in section 13 (1)(ia)of hmHindu Marriage Act is defined as conduct of a party which inflicts upon other party such mental/physical pain and suffering as would not make it possible for that party to live with the other. Cruelty has to be distinguished from ordinary wear and tear of family
Abha Ghatge (smt.) V. Dr. Chandrashekar Ghatge

26/04/2023

20/09/2022

Dealing in matrimonial and family laws
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