Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Complaint Under Section 138 NI Act — High Court Exceeded Section 482 CrPC Jurisdiction by Deciding Disputed Facts on Partnership Retirement Without Trial. The Court Held That Statutory Compliance Under Partnership Act Is Essential for Effective Retirement and That Allegations of Involvement in Firm's Affairs Satisfy Section 141 NI Act.

19 May 2025

The Supreme Court allowed the appeal filed by Shivappa Reddy against the order of the Karnataka High Court which had quashed criminal proceedings unde...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Upholds Conviction Under Section 138 NI Act Despite Handwriting Expert Opinion — Accused's Failure to Enter Witness Box and Explain Cheque Possession Proves Fatal

19 Sep 2019

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by T.N. Channakeshava (respondent) against M. Abbas...

Supreme Court

Supreme Court Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Legal Notices Permissible Under Section 138 of Negotiable Instruments Act. Delay in Filing Complaint Condoned as Sufficient Cause Shown.

8 May 2019

The dispute arose from two cheques drawn on the State Bank of India for Rs 36,00,000 and Rs 13,00,000, which were dishonoured and returned unpaid unde...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Quashing of Complaint Set Aside. Sufficiency of Averments Under Section 141 NI Act for Partner Liability Determined on Holistic Reading of Complaint.

1 Apr 2019

The appeal arose from a judgment of the High Court of Judicature at Hyderabad which quashed criminal proceedings against the first respondent (a partn...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Presentation and Statutory Notice Permissible Under Section 138 NI Act. The Court held that a complaint based on a second statutory notice after successive dishonour of cheques is maintainable, following the ratio in MSR Leathers v. S. Palaniappan.

8 Jan 2019

The appellant, M/s. Sicagen India Ltd., filed criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, ...

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