Sunday, August 10, 2025

"Cheque Dishonour" : Factors for Depositing 20% amount under S.148 of Negotiable Instruments Act, 1881

"Cheque Dishonour" : Factors for Depositing 20% amount under S.148 of Negotiable Instruments Act, 1881

In a recent decision [Anuj Ahuja v. Sumitra Mittal [2025] GCtR 1402 (Delhi)], dealing with waiver of deposit of 20% amount under S.148 of N.I. Act, 1881 it was held that a purposive interpretation should be made of S.148 of Negotiable Instruments Act, 1881 and any order of deposit by the appellate Court is not compulsory and/ or mandatory and is thus, open to exercise of discretion and relaxation in exceptional cases, as and when the need arises.

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