The Offence of Cheque Dishonor Occurs After 15 Days of Demand Notice for Payment of Debt Amount

Posted inNegotiable InstrumentsNo Comments
In Vishnoo Mittal v. Shakthi Trading Company [2025 INSC 346], the Supreme Court explained that the cause of action for S.138 of the Negotiable Instruments Act (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days after the issue demand notice. The return of the dishonoured cheque does not create an offence under Section 138 NI Act.

Arrested Person Must Be Informed of the Grounds in a Language He/she Understands

Posted inArrest & Related MattersNo Comments
In Mihir Rajesh Shah v. The State of Maharashtra and Another [2025 INSC 1288], the Supreme Court observed that a person arrested for any offence under the Indian Penal Code (IPC) or Bharatiya Nyaya Sanhita (BNS) must be supplied with the written grounds of arrest in a language that he or she understands. Otherwise, the arrest and subsequent remand will be rendered illegal. This stipulation was previously limited to UAPA/PMLA offences.

Non-production of the Arrested Person Within 24 Hours Before the Magistrate Entitles Him Bail

Posted inArrest & Related MattersNo Comments
When a Session Court while dealing with a bail application finds that the fundamental rights of the accused under Article 21 and 22 of the Constitution have been violated, the court can release him on bail as the arrest in the case is vitiated, observed the Supreme Court in Muhammed Nashif U v. State of Kerala & Anr [2025: KER:89635].