Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Quashes Complaint in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the statutory notice must be sent to the correct address of the accused, and failure to do so renders the complaint not maintainable.

3 Aug 2011

The applicant, Smt. Harjeet Kaur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the criminal procee...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

13 Jun 2023

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

High Court

High Court Dismisses Application to Quash Process in Section 138 NI Act Case Against Partners of Accused Firm. Complaint's Averments That Partners Were in Charge of and Responsible for Conduct of Business Satisfied Section 141 NI Act, Negating Claim of Vicarious Liability Without Specific Role Pleading.

8 Feb 2019

The case involved an application under Section 482 of the Code of Criminal Procedure, 1973 filed by two partners of a firm, seeking quashment of the o...

High Court

Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

30 Nov -0001

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

High Court

High Court of Karnataka Allows Criminal Revision Petitions in Cheque Dishonour Case — Conviction Set Aside Due to Non-Examination of Complainant. The court held that the complainant must personally testify to prove the cheque and signature under Section 138 of the Negotiable Instruments Act, 1881, and failure to do so renders the complaint not maintainable.

24 May 2022

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) regarding the dishonour of a cheque. The complainant, M...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 NI Act — Rejects Arguments on Repeal of Amending Act, Default Sentence, and Notice Validity. The Court held that the repeal of the amending Act does not affect the provisions, imprisonment in default of compensation is permissible, and service by UPC is sufficient.

30 Sep 2005

The applicant, Mohamed Ali Mulla, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque of Rs. 5,00,000 is...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Due to Non-Compliance with Mandatory Notice Requirements. Dishonour of Cheque Complaint Quashed as Notice of Demand Was Not Served Within 15 Days of Receipt of Information of Dishonour as Required Under Section 138(b) of Negotiable Instruments Act, 1881.

22 Dec 2006

The applicant, Smt. Ramilaben Trikamlal Shah, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 agains...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to lead evidence or cross-examine complainant results in conviction.

26 Nov 2019

The appellant, Sathisha B.A., filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Compromise Cheque Dishonour Leads to Conviction as Accused Failed to Rebut Presumption of Legally Enforceable Debt.

12 Jan 2012

The case involves a criminal appeal filed by the complainant, Damodhar Murlidhar Bajaj, against the acquittal of the accused, Ratan Suryabhan Shinde, ...

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