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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not In Charge of or Responsible for Conduct of Business at Relevant Time Under Section 141 of Negotiable Instruments Act, 1881.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Active Role in Business Conduct.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

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Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

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High Court Quashes Complaint in Cheque Dishonour Case Due to Non-Existent Debt — Loan Allegedly Advanced in 1996 Not Legally Recoverable as Time-Barred Debt Under Section 138 of Negotiable Instruments Act, 1881

The petitioner, accused in C.C. No.35622/2010 for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a petition under Section...

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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case Due to Improper Rejection of Secondary Evidence. Court holds that trial court erred in rejecting application to lead secondary evidence of cheque and dishonour memo when originals were lost, and remands case for fresh trial.

The appellant, Maharashtra State Seeds Corporation Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the re...

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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...