Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

9 Oct 2023

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

High Court

High Court of Karnataka Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the complainant proved the existence of a legally enforceable debt and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

20 Sep 2023

The complainant, Chidamber S. Nanavate, filed a criminal appeal under Section 378(1) and (4) of the Code of Criminal Procedure, 1973, challenging the ...

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 Not Attracted as Complainant Failed to Establish Legally Enforceable Debt or Liability.

16 Aug 2023

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

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

High Court

Bombay High Court Quashes Sessions Court's Cryptic Order Dismissing Complaints Under Negotiable Instruments Act — Remands for Fresh Consideration with Speaking Order. The court held that a judicial order must contain reasons to show application of mind, and mere citation of a precedent without analysis is unsustainable.

27 Jul 2006

The Bank of Rajasthan Ltd. filed multiple criminal writ petitions challenging a common order dated 19 January 2006 passed by the Sessions Court, which...

High Court

Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

18 Jul 2006

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

6 Jul 2006

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

High Court

Bombay High Court Quashes Criminal Proceedings Against MSEB Officials in Cheque Dishonour Case — No Vicarious Liability Without Specific Allegation of Role in Company Affairs. Court held that directors/officers of a company cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, without specific averments that they were in charge of and responsible for the conduct of the business of the company at the time of the offence.

30 Nov -0001

The judgment concerns two criminal applications filed by officers of the Maharashtra State Electricity Board (MSEB) seeking quashing of criminal proce...

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