Search Results for "Dishonoured cheques"

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Search Results for "Dishonoured cheques"

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Supreme Court

Supreme Court Allows Transfer of Cheque Dishonour Cases Under Section 406 Cr.P.C. for Joint Trial in New Delhi. Transfer Power Under Section 406 Cr.P.C. Remains Intact Despite Non Obstante Clause in Section 142(1) of Negotiable Instruments Act, 1881, as All Cases Arose from Single Transaction to Avoid Contradictory Findings.

26 Apr 2025

The Supreme Court addressed transfer petitions filed under Section 406 of the Code of Criminal Procedure, 1973, by Yogesh Upadhyay and his proprietary...

High Court

High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

1 Jun 2022

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

High Court

High Court of Karnataka Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Complainant Bank Failed to Establish Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

17 Dec 2020

The appellant, Bidar Urban Co-operative Bank Ltd., filed a criminal appeal against the acquittal of the respondent, Girish Kulkarni, by the trial cour...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

3 Sep 2019

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

14 Aug 2015

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

24 Nov 2011

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

High Court

High Court of Bombay at Goa Allows Appeal by Complainant Society in Cheque Dishonour Case — Acquittal Set Aside Due to Limitation Error and Failure to Rebut Presumption. The court held that the complaint was within limitation and the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881 that the cheque was issued for a legally enforceable debt.

22 Jun 2010

The appellant, VPK Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Narayan S. Naik, by the Ju...

High Court

High Court of Bombay at Goa Allows Complainant's Revision in Cheque Bouncing Case, Restores Order Issuing Process Against Accused. Sessions Court Erred in Holding Cheque Was Given as Security Without Trial.

19 Oct 2006

The complainant, M/s Travel Force, a division of M/s Hede Consultancy Co. Ltd., filed a criminal complaint against Dr. Mohan N. Bhave under Section 13...

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