Search Results for "dishonour of cheque"

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Search Results for "dishonour of cheque"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Applicant in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

7 Dec 2017

The applicant, Prafulla Purushottam Gadge, filed five criminal applications under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking q...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Allows Petition Against Discharge of Manager in Cheque Dishonour Case - Liability Under Section 138 of Negotiable Instruments Act Extends to Persons in Charge of Conduct of Business. The Court set aside the orders of the Magistrate and revisional Court which discharged the Manager solely because he was not a signatory, without considering his vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

26 Sep 2017

The petitioner, Kailash Waghmare, filed a criminal writ petition challenging the orders of the learned Magistrate and the revisional Court which disch...

Supreme Court

Supreme Court Allows Appeal in NI Act Case Due to Moratorium Under IBC — Cause of Action Arose After Insolvency Commencement. Director of Corporate Debtor Cannot Be Prosecuted Under Section 138 NI Act When Cause of Action Arose After Moratorium Under Section 14 IBC.

17 Mar 2025

The Supreme Court allowed the appeal filed by a director of a corporate debtor against the order of the Punjab and Haryana High Court dismissing his p...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

High Court of Karnataka Dismisses Petition to Quash Section 138 NI Act Complaint Against Director for Insufficient Averments. Director Issued Cheque Towards Company Loan, Dishonoured Due to Insufficient Funds, Court Finds Prima Facie Case.

29 Aug 2019

The petitioner, Sri Nabhiraj, a director of Aztec Digitals Private Limited, filed a criminal petition under Section 482 of the Code of Criminal Proced...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

29 Nov 2019

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

High Court

High Court of Karnataka Quashes Reopening of Evidence in NI Act Case — Trial Court Cannot Suo Motu Recall Witness Without Application Under Section 311 Cr.P.C. The court held that the power under Section 311 Cr.P.C. cannot be used to fill gaps in the prosecution case after the matter is set down for judgment.

29 Aug 2018

The petitioner, Vasantha Amin, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent, Shek...

High Court

High Court of Karnataka Quashes Proceedings Against Accused No.7 in Cheque Dishonour Case Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Setting Aside of Summoning Order.

12 Dec 2018

The petitioner, Prasad S/o Veerayya Kulkarni, who was accused No.7 in C.C.No.790/2016 pending before the Prl. Civil Judge & JMFC, Nippani, filed a cri...

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