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High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Notice Sent to Wrong Address and Not to the Correct Corporate Entity.

The petitioners, Prerana Sharma, S. Nagarajan, and B. Ashoka, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrP...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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Bombay High Court Allows Restoration of Complaint Under Section 138 NI Act Dismissed for Default. Opportunity of hearing granted to complainant subject to cost of Rs. 1,000.

The appellant, M/s. Shree Datta Fertilisers & Chemical Pvt. Ltd., a private limited company, filed a complaint under Section 138 of the Negotiable Ins...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...

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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 Petition to Quash Proceedings Against Director in Cheque Dishonour Case. Resignation Before Cause of Action Absolves Director of Vicarious Liability Under Section 138 r/w 141 of Negotiable Instruments Act, 1881.

The petitioner, Mrs. Kanchan Sunil Mansingani, was the original accused no.2 in a complaint filed by respondent no.1, Mrs. Sharmila Raj Thackery, unde...