Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the mandatory requirement of service of demand notice at the correct address was not satisfied, rendering the prosecution unsustainable.

10 Nov 2025

The petitioners, M/s. Biodiversity Conservation India Private Limited and its directors, filed two criminal petitions under Section 482 of the Code of...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers.

19 Jul 2019

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal P...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Service of notice by Under Postal Certificate (UPC) instead of registered post with acknowledgement due does not meet the requirement of Section 138 of the Negotiable Instruments Act, 1881, leading to quashing of FIR.

15 Mar 2017

The applicants, Suhas @ Pappu s/o Sarjerao Kakade and Sachin s/o Vithalrao Dagdu, filed a criminal application under Section 482 of the Code of Crimin...

High Court

High Court of Karnataka Quashes Complaint in Cheque Bounce Case Due to Lack of Proper Service of Demand Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complaint Not Maintainable as Notice Was Not Sent to Correct Address.

28 Apr 2015

The petitioner, P. Surendra Kumar, was shown as an accused in a private complaint filed by the respondent, M/s. Varkeys Retail Ventures Pvt. Ltd., all...

High Court

Bombay High Court Dismisses Petition Challenging Jurisdiction in NI Act Case — Place of Dishonour Determines Jurisdiction Under Section 138. Exception for Cases at Section 145(2) Stage Not Applicable as Case Was at Initial Stage.

4 Mar 2015

The petitioner, Sushil Kumar Saxena, was the accused in Criminal Case No. 2361/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri...

High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Order Refusing to Issue Process Under Section 406 IPC in License Agreement Dispute. Court Held That Dispute Was Purely Civil in Nature and No Criminal Offence Was Made Out.

29 Jul 2010

The petitioner, Sharan P Khanna, owned certain premises and entered into a license agreement with respondent No.1, Oil & Natural Gas Corporation Ltd. ...

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