Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu.

29 Nov 2023

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MP...

High Court

Bombay High Court Dismisses Complainant's Petition and Allows Accused's Petition in Cheque Dishonour Case — Held That Complaint Under Section 138 of Negotiable Instruments Act, 1881 Must Be Filed by Payee or Holder in Due Course, Not by Third Party Without Authority. The Court Quashed Process Against Directors Due to Lack of Specific Averments of Their Role in Conduct of Business Under Section 141 of the Act.

29 Apr 2011

The judgment arises from two petitions concerning Criminal Case No.290/SS/2008 pending before the Metropolitan Magistrate, 58th Court at Bandra, relat...

High Court

Bombay High Court Allows Accused's Cross-Examination in NI Act Case - Right Under Section 145(2) Not Conditional on Written Statement. The court held that the accused's right to cross-examine the complainant under Section 145(2) of the Negotiable Instruments Act, 1881 is absolute and not dependent on filing a written statement, setting aside the trial court's rejection order.

9 May 2023

The petitioner, Rakesh Singh, filed two criminal writ petitions challenging the order dated 07/10/2023 passed by the trial court in two complaints und...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

7 Jul 2011

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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...

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

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

16 Apr 2026

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

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 Partly Allows Petition Challenging Condition of Deposit in NI Act Appeal Suspension — Reduces 20% Compensation Deposit to 10% for Petitioners in Cheque Dishonour Case. The court held that the appellate court's discretion under Section 148 of the Negotiable Instruments Act must be exercised reasonably, and the condition of deposit was reduced considering the petitioners' financial hardship and prior deposit.

11 Sep 2025

The petitioners, M/s Kesuram Khanchand and its proprietor Chandrabhan Kewalramani, were convicted under Section 138 of the Negotiable Instruments Act,...

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