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 Allows Criminal Revision Petitions in Cheque Dishonour Case — Conviction Set Aside Due to Non-Examination of Complainant. The court held that the complainant must personally testify to prove the cheque and signature under Section 138 of the Negotiable Instruments Act, 1881, and failure to do so renders the complaint not maintainable.

24 May 2022

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) regarding the dishonour of a cheque. The complainant, M...

High Court

High Court of Karnataka Allows Revision Petition in NI Act Case — Remand Order Set Aside Due to Lack of Jurisdiction in Appellate Court. Appellate Court Exceeded Its Powers Under Section 397(1) Cr.P.C. by Remanding the Case for De Novo Trial Without Finding Any Infirmity in the Trial Court's Judgment.

8 Apr 2022

The case involves a criminal revision petition filed by the petitioners (M/S. A. Seating, a partnership firm, and its partners) against the judgment o...

High Court

High Court of Karnataka Quashes Proceedings in Cheque Bounce Case Involving Rs. 2 Crore Cash Loan — Finds Complaint Barred by Limitation and Lacks Prima Facie Case Under Section 138 NI Act. The court held that the complaint was an abuse of process as the transaction was improbable and the complaint was filed beyond the limitation period.

17 Feb 2022

The petitioner, Smt. Vijaya, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C...

High Court

Bombay High Court Allows Petition to Quash Complaint in NI Act Case Due to Non-Compliance with Summary Procedure. Trial Court's Rejection of Dismissal Application Set Aside for Failure to Follow Section 262 CrPC Read with Section 143 NI Act.

21 Dec 2013

The petitioner, Dipak Chandrakant Shirke, was the accused in Summary Criminal Case No.3624 of 2007 pending before the 8th Judicial Magistrate First Cl...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection.

11 Dec 2013

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of...

High Court

Bombay High Court Allows Accused to Send Cheque for Handwriting Expert Opinion in NI Act Case — Rejection of Application by Magistrate Set Aside. Accused's Right to Lead Defence Evidence Includes Right to Seek Expert Opinion on Disputed Signature Under Section 45 of Indian Evidence Act, 1872.

3 Dec 2013

The petitioner, Kamlakar Vithalrao Padwal, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, pending before th...

High Court

High Court of Bombay at Goa Allows Condonation of Delay in Appeal Against Conviction Under Section 138 NI Act — Sickness as Sufficient Cause. The court held that a medical certificate and explanation of sickness due to fall from tree constituted sufficient cause for delay of about one year in filing appeal.

13 Nov 2013

The applicant, Babaji Tukaram Gawas, was convicted in Criminal Case No. 127/OA/138/2009/C for an offence punishable under Section 138 of the Negotiabl...

High Court

High Court of Bombay at Goa Acquits Accused in Cheque Dishonour Case Due to Time-Barred Debt. Cheque Issued for Debt Beyond Limitation Period Not Legally Enforceable Under Section 138 of Negotiable Instruments Act, 1881.

20 Apr 2006

The petitioner, an accused convicted under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal revision application before the High ...

High Court

High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

30 Nov -0001

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

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