Search Results for "Section 141 Negotiable Instruments Act"

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Search Results for "Section 141 Negotiable Instruments Act"

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Supreme Court

Supreme Court Quashes Summoning Order Against Director in Cheque Dishonour Case Under Negotiable Instruments Act, 1881. The Court held that mere directorship and signing of board resolution do not establish liability under Section 141 NI Act, as specific averments of being in charge of and responsible for company's business conduct are required.

7 Apr 2026

The dispute arose from a cheque dishonour case under Sections 138 and 142 of the Negotiable Instruments Act, 1881, where the appellant, a director of ...

Supreme Court

Supreme Court Quashes Proceedings Against Former Directors in Cheque Dishonour Case Due to Prior Resignation. Directors Cannot Be Held Liable Under Section 141 of Negotiable Instruments Act When Cheques Were Issued After Their Resignation Was Statutorily Recorded in Form 32 Under Companies Act, 1956.

14 Feb 2024

The Supreme Court addressed appeals concerning criminal liability of former directors in cheque dishonour cases under Section 138 of the Negotiable In...

High Court

High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

2 Feb 2023

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

High Court

Bombay High Court Quashes Process and Bailable Warrant in Cheque Dishonour Case Due to Non-Application of Mind. Court holds that issuance of process under Section 138 of Negotiable Instruments Act, 1881 without recording satisfaction as to existence of legally enforceable debt or liability is unsustainable.

4 Oct 2019

The applicant, Hemant Mohan Agarwal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the o...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

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...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Quashing of Complaint Set Aside. Sufficiency of Averments Under Section 141 NI Act for Partner Liability Determined on Holistic Reading of Complaint.

1 Apr 2019

The appeal arose from a judgment of the High Court of Judicature at Hyderabad which quashed criminal proceedings against the first respondent (a partn...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

Bombay High Court Allows Appeal in FEMA Case — Nominee Director Not Vicariously Liable for Acts of Subordinates. The Court held that a nominee director of a joint venture company cannot be held vicariously liable under the Foreign Exchange Management Act for acts of commission or omission of subordinates without specific knowledge or involvement.

16 Sep 2010

The appellant, Shri M.M. Shah, was the paid Managing Director of Indian Card Clothing Ltd. (ICC) from 1994 to 1997. ICC and Spifa Germany promoted a j...

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