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High Court of Bombay Modifies Sentence in Cheque Dishonour Case to Include Compensation. Conviction Under Section 138 of Negotiable Instruments Act Upheld but Court Directs Payment of Cheque Amount as Compensation Under Section 357 CrPC, Holding That Purpose of Act is Recovery of Money.

The complainants filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused had issued a cheque for Rs. 80...

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Bombay High Court Allows Revision in Cheque Dishonour Case for Compensation Enhancement. Court holds that discretion to award compensation under Section 138 of Negotiable Instruments Act must be exercised judiciously to fulfill legislative intent.

The applicants/complainants filed a criminal revision against the judgment of the Judicial Magistrate First Class, Nagpur, which convicted the accused...

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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 Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court restored conviction under Section 138 Negotiable Instruments Act, 1881 for dishonour of two cheques of Rs.1 lakh each.

The appellant, M/s Radhesham Laxminarayan and Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 aga...

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High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Non-Compliance of Section 138 Notice Requirements. Notice sent to Director at residential address not shown as registered office or known address under Section 138 NI Act, 1881.

The applicant, Shehzad Valimohammad Merchant, was a director of Landmark Real Estate Developers Limited. The company entered into a Memorandum of Unde...