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Bombay High Court Allows Writ Petition in NI Act Case — Revisional Court Erred in Quashing Process at Prima Facie Stage. Defence of Limitation Cannot Be Examined Without Evidence When Cheque Date Is 2008.

The petitioner, Mahadeorao Chatarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Vilas Dhote alleging dishono...

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Gujarat High Court Dismisses Complainant's Revision in NI Act Case, Upholds Acquittal of Accused. Court holds that appellate court's reversal of conviction was based on proper appreciation of evidence and complainant's failure to prove legally enforceable debt.

The applicant, Jagrutiben Navinchandra Biscuitwala, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against the r...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 was not committed within its jurisdiction as the cheque was presented and dishonoured outside Maharashtra.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 514...

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Supreme Court Quashes Proceedings Against Former Directors in Cheque Dishonour Case Due to Prior Resignation. Directors Cannot Be Held Liable Under Section 141 of Negotiable Instruments Act When Cheques Were Issued After Their Resignation Was Statutorily Recorded in Form 32 Under Companies Act, 1956.

The Supreme Court addressed appeals concerning criminal liability of former directors in cheque dishonour cases under Section 138 of the Negotiable In...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Not Rebutted by Accused.

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, again...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

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Bombay High Court Allows Complainant's Petition in Cheque Dishonour Case — Sets Aside Sessions Court Order Allowing Ink Age Test. Scientific Test for Ink Age Held Futile as No Mechanism Exists to Determine Date of Writing Under Section 243(2) CrPC.

The petitioner, Dnyaneshwar Eknath Gulhane, the original complainant in a cheque dishonour case, challenged the order dated 21.06.2023 passed by the l...