Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

High Court

Bombay High Court Dismisses Revision Applications by Partners of Unregistered Firm in Cheque Dishonour Case. Term 'Firm' in Section 141 of Negotiable Instruments Act, 1881 Includes Unregistered Firm, Allowing Prosecution of Partners for Vicarious Liability.

17 Oct 2023

The case involved two criminal revision applications filed by Satheesan Kuttappan and Satyaseelan Kuttappan against P.P. Sudhakaran and the State of M...

High Court

Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

9 Aug 2023

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

High Court

High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

28 Sep 2021

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

23 Nov 2020

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

High Court

High Court of Bombay Allows Discharge of Accused Director in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Absolves Liability Under Section 138 of Negotiable Instruments Act, 1881. The court held that a director who resigned before the cheques were issued cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881.

23 Aug 2019

The applicant, Ramesh Pahulraj Makhija, was original accused No.6 in Criminal Complaint No.538 of 2003 filed by Respondent No.2 under Section 138 of t...

High Court

Bombay High Court Quashes Proceedings Against Non-Signatory Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 requires clear allegations that the accused was in charge of and responsible for the conduct of business at the time of the offence.

7 Jan 2019

The petitioner, Pradeep Khetshi Shah, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Cri...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Compromise Cheque Dishonour Leads to Conviction as Accused Failed to Rebut Presumption of Legally Enforceable Debt.

12 Jan 2012

The case involves a criminal appeal filed by the complainant, Damodhar Murlidhar Bajaj, against the acquittal of the accused, Ratan Suryabhan Shinde, ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881 Filed by Power of Attorney Holder Without Proper Authorization. Power of Attorney Holder Must Have Proper Authorization to File Complaint Under Section 138 of Negotiable Instruments Act, 1881.

12 Aug 2005

The applicant, A.C. Narayanan, was the accused in multiple complaints under Section 138 of the Negotiable Instruments Act, 1881, filed by the responde...

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