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High Court of Bombay Allows Revision in Cheque Dishonour Case Due to Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent by registered post to correct address is deemed served under Section 27 of General Clauses Act, 1897, even if returned unclaimed.

The petitioner, Abdul Rehman M. Mulgand, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against his brother, Mohammad Ha...

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Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Section 138(b) of the Act.

The petitioner, M/s Soft-touch Computer through its proprietor Shashikant Bhaskar Zope, filed three criminal writ petitions under Section 482 of the C...

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Bombay High Court Allows Writ Petition in Cheque Dishonour Case, Holding Mumbai Court Has Jurisdiction. Presentation of cheque at complainant's bank in Mumbai constitutes part of cause of action under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, M/s. Ruchi Soya Industries Ltd., filed a criminal writ petition challenging an order of the Special Metropolitan Magistrate, Mumbai, d...

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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).

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

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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

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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.

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

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Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Legal Notices Permissible Under Section 138 of Negotiable Instruments Act. Delay in Filing Complaint Condoned as Sufficient Cause Shown.

The dispute arose from two cheques drawn on the State Bank of India for Rs 36,00,000 and Rs 13,00,000, which were dishonoured and returned unpaid unde...

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High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...