SC was talking about companies, that said under NI Act you have to make the company as the party as company is a legal person under company Law.

otherwise what is stated in NI Act is still valid read sec 138 r/w 142!

only in civil cases there can be court fees not in criminal cases as sec 138 r/w 142 isfalling under law of crimes. any criminal matter the prosecutor is the State when one files a criminal matter as that criminal complaint is some kind of FIR 

You are right. As per recent Apex court judgment, cheques, covering a loan amount taken,  handedover towards security of the said loan do not come under the purview of Section 138 of N.I. Act, if those cheques are dishonoured.

I Agree with K.K.Ganguly. Can anybody share the SC Judgement.

Dear Author can you mention the case number of the reported judgement you said to have discussed on the subject query (?)

 Dishonour of post dated cheques is not an offence under N I Act.

SLP(Crl.No.) 9752/2010 in Criminal appeal no.830/2014

M/s Indus Airways pvt.ltd vs M/s Magnum Aviation Pvt.ltd.

I am requesting all my learned Friends,PLs read and discuss the issues.

WHEN YOU READ CASE LAWS THAN UNLESS YOU KEEP YOURSELVES UPDATED THAN IT DOES MORE HARM THAN GOOD0

ALL CASES OF POST DATED CHEQUES, BLANK CHEQUES  AND EVEN STOLEN CHEQUES HAVE BEEN OVER RULED.

FROM  A RECENT JUDGMENT OF SUPREME COURT.

The  judgment  clearly  held  that  the presumption  under  Section  139  of  the  Negotiable Instruments Act, 1881, includes the presumption of  the  existence  at  a  legally  enforceable  debt  or liability.    That  presumption  is  required  to  be honoured,  and  if  it  is  not  so  done,  the  entire basis  of  making  these  provisions  will  be  lost.

three-Judge Bench of SUPREME COURT has approved the above decision and held that failure of the drawer of the cheque to put up a probable defence for rebutting the presumption that arises under Section 139  would justify conviction even when the appellant drawer may have alleged that the cheque in question had been lost and was being misused by the  complainant.

New Delhi;

November 27, 2012

only debt cheques if bounced attracts sec 138 of NI Act.