<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Dishonored Cheque Summoning Order Upheld as Prima Facie Case Established Within Limitation Period Under Section 142(b) of NI Act</title>
    <link>https://www.taxtmi.com/highlights?id=87029</link>
    <description>The HC dismissed a petition challenging a summoning order in a dishonored cheque case. The Court found the complaint was filed within the limitation period, as the 30-day limitation under Section 142(b) of the NI Act began on December 3, 2019 (following the 15-day notice period), making the January 2, 2020 deadline. While there appeared to be a 3-day delay, the Court noted that such minor delay was condonable under Section 142(b). The Court determined a prima facie case existed against the petitioners based on the respondent&#039;s affidavit evidence, which was sufficient under Section 145 of the NI Act for issuing summons. The petitioners&#039; arguments regarding corporate liability were deemed premature and could be raised during trial.</description>
    <language>en-us</language>
    <pubDate>Wed, 02 Apr 2025 08:35:27 +0530</pubDate>
    <lastBuildDate>Wed, 02 Apr 2025 08:35:28 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=811074" rel="self" type="application/rss+xml"/>
    <item>
      <title>Dishonored Cheque Summoning Order Upheld as Prima Facie Case Established Within Limitation Period Under Section 142(b) of NI Act</title>
      <link>https://www.taxtmi.com/highlights?id=87029</link>
      <description>The HC dismissed a petition challenging a summoning order in a dishonored cheque case. The Court found the complaint was filed within the limitation period, as the 30-day limitation under Section 142(b) of the NI Act began on December 3, 2019 (following the 15-day notice period), making the January 2, 2020 deadline. While there appeared to be a 3-day delay, the Court noted that such minor delay was condonable under Section 142(b). The Court determined a prima facie case existed against the petitioners based on the respondent&#039;s affidavit evidence, which was sufficient under Section 145 of the NI Act for issuing summons. The petitioners&#039; arguments regarding corporate liability were deemed premature and could be raised during trial.</description>
      <category>Highlights</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 02 Apr 2025 08:35:27 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=87029</guid>
    </item>
  </channel>
</rss>