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Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

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Bombay High Court Allows Applicants' Challenge to Territorial Jurisdiction in Section 138 NI Act Complaints. Cheques Drawn on Mumbai Bank Cannot Be Tried at Aurangabad Despite Deposit There.

The applicants, Naveen Luthra and Arun Luthra, were accused in two complaints filed by respondent no.1, AVR Logistic Pvt. Ltd., under Section 138 of t...

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Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...