Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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High Court

Bombay High Court Quashes Process Issued Under Section 138 of Negotiable Instruments Act Against Accused in Dishonour of Cheque Case Due to Lack of Proper Service of Notice. Court Held That Service of Notice Under Section 138(b) Must Be Proved by Complainant and That Summons to Accused Must Be Served at Correct Address.

8 Aug 2019

The petitioners, original accused Nos. 3 to 6, filed a criminal writ petition challenging the order dated 3rd April 2003 issuing process under Section...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness in NI Act Case — Delay of 10 Years in Filing Application Held Unjustified and Not Condonable. The court held that an application under Section 311 CrPC to recall a witness for cross-examination filed after a delay of about 10 years from the date of examination-in-chief, without sufficient explanation, cannot be entertained as it would cause prejudice and defeat the ends of justice.

31 Jul 2019

The petitioner, Madan Amlokchand Mutha, filed a writ petition challenging the judgment and order dated 12.12.2003 passed by the learned Additional Ses...

High Court

Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers.

19 Jul 2019

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal P...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt or Liability Beyond Reasonable Doubt. Concurrent findings of acquittal upheld as presumption under Section 139 of NI Act was rebutted by accused's probable defence.

4 Jul 2019

The applicant, Rais Ahmad Mohammad Kasmi Siddiqui, filed a criminal revision application before the Bombay High Court, Aurangabad Bench, challenging t...

High Court

Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained.

2 May 2019

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/...

High Court

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

7 Mar 2019

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

31 Jan 2019

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

High Court

High Court of Karnataka Quashes Complaint Against Managing Director and Director in Dishonour of Cheque Case for Lack of Specific Averments. Failure to Allege Role in Day-to-Day Affairs of Company Renders Prosecution Unsustainable Under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.

8 Jan 2019

The petitioners, Shaju K. Nair (Managing Director) and Riya Nair (Director) of M/s. Clariya Marketing Services Private Limited, filed a criminal petit...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

11 Sep 2012

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

High Court

Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations — Vicarious Liability Not Attracted Without Clear Role in Day-to-Day Affairs. The court held that under Section 138 of the Negotiable Instruments Act, 1881, directors cannot be held vicariously liable unless the complaint contains specific averments that they were in charge of and responsible for the conduct of the business of the company.

30 Nov -0001

The judgment pertains to two criminal writ petitions filed by directors of a company against whom an FIR was lodged under Section 138 of the Negotiabl...

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