Search Results for "Dishonoured cheques"

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Search Results for "Dishonoured cheques"

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High Court

Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

7 Jul 2022

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

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 Dismisses Petition Challenging Rejection of Application to Recall Witness in NI Act Case — Delay of 10 Years in Filing Application Held Unjustified and Not Condonable. The court held that an application under Section 311 CrPC to recall a witness for cross-examination filed after a delay of about 10 years from the date of examination-in-chief, without sufficient explanation, cannot be entertained as it would cause prejudice and defeat the ends of justice.

31 Jul 2019

The petitioner, Madan Amlokchand Mutha, filed a writ petition challenging the judgment and order dated 12.12.2003 passed by the learned Additional Ses...

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 Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

10 Sep 2012

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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 — Presumption of Legally Enforceable Debt or Liability Under Section 139 Stands Rebutted Only by Preponderance of Probabilities, Not Mere Denial.

9 Aug 2012

The appellant, Sau. Dwaribai Nanakram Jivatramani, proprietor of Rajesh Agarbatti, filed a criminal appeal against the judgment and order of acquittal...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt and Delayed Presentation. The court upheld the acquittal of the accused as the complainant failed to establish a legally enforceable debt and presented the cheque beyond the period of validity under Section 138 of the Negotiable Instruments Act, 1881.

3 Mar 2010

The appellant, Gaurav Omprakash Jaju, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Shri ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

High Court

Bombay High Court Allows Quashing of Proceedings in Cheque Dishonour Case Due to Lack of Vicarious Liability of Partners and Employees. Partners and employees not shown to be in charge of or responsible for conduct of business at time of offence under Section 138 of Negotiable Instruments Act, 1881.

10 Jul 2007

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) seeking quashing...

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