Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. The court held that once the accused admits his signature on the cheque, the presumption of a legally enforceable debt arises under Section 139 of the Act, and the accused must rebut it.

28 Jul 2015

The appellant, Kayam Kaderbhai Nagree, was the original complainant in two complaints under Section 138 of the Negotiable Instruments Act, 1881, again...

High Court

High Court of Karnataka Dismisses Petition to Quash Order in Negotiable Instruments Act Case — Evidence by Affidavit Permitted Under Section 145. The court held that Section 145 of the NI Act allows evidence by affidavit and marking of documents at sworn statement stage, and the trial court's order was valid.

2 Jul 2018

The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Co...

High Court

Bombay High Court Quashes Process in Negotiable Instruments Act Case Due to Non-Discharge of Initial Burden by Complainant. The court held that the complainant failed to prove the existence of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881, and therefore the criminal proceedings were an abuse of process.

5 Aug 2011

The applicant, Santdas Sadoromal Chawla, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order is...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act, Reduces Sentence to Period Already Undergone, and Enhances Compensation to Rs. 10 Lakhs. The court held that the presumption of legally enforceable debt under Section 139 NI Act was not rebutted, and compensation was enhanced to meet the ends of justice.

8 Aug 2023

The case arises from two criminal revisions filed against the judgment of the Additional Sessions Judge, Aurangabad, in appeals arising from a convict...

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 Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal.

1 Jul 2011

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 20...

High Court

Bombay High Court Quashes Proceedings Against Non-Signatory Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 requires clear allegations that the accused was in charge of and responsible for the conduct of business at the time of the offence.

7 Jan 2019

The petitioner, Pradeep Khetshi Shah, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Cri...

High Court

Bombay High Court Dismisses Petition to Quash FIR in Cheque Dishonour Case — Petitioner Not a Payee or Holder in Due Course Under Section 138 of Negotiable Instruments Act, 1881. SBI Global Factors Limited, as a factor, cannot maintain complaint under Section 138 NI Act as it is not the payee or holder in due course of the dishonoured cheques.

3 Mar 2021

The petitioner, SBI Global Factors Limited, a factoring company, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881,...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

23 Jul 2019

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

High Court

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.

11 Aug 2006

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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