Search Results for "Negotiable Instruments Act"

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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High Court Quashes Process Against Accused in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction and Limitation Bar. Complaint Filed Beyond Limitation After Return for Want of Jurisdiction Cannot Be Entertained Without Fresh Cognizance.

The applicants, original accused Nos. 2 to 4, challenged the order dated 18.06.2016 passed by the Judicial Magistrate First Class, Gangapur, issuing p...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Evidence of Debt. Failure to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M/s. Pakdhane Cement House, through its proprietor Anandrao Shamrao Pakdhane, filed a criminal appeal against the judgment and order of...

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High Court of Bombay at Mumbai Quashes Process in Dishonour of Cheque Cases for Non-Compliance with Section 202 Cr.P.C. — Accused Residing Outside Magistrate's Jurisdiction Requires Mandatory Enquiry Before Issuance of Process.

The petitioners, ASR Systems Private Ltd. and its Managing Director Rohit Wadhwa, were original accused in two complaints filed by Kimberly Clark Hygi...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Notice Sent by Registered Post to Wrong Address Not Valid Under Section 138 of Negotiable Instruments Act, 1881

The petitioners, M/s Indo International Ltd. and U.M. Lodha, were the original accused in a complaint filed by the respondent-complainant under Sectio...