Search Results for "Section 138 NI Act"

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Accused Failed to Rebut Presumption Under Section 139 NI Act. Concurrent findings of fact by lower courts not interfered with as accused's mere denial of debt insufficient to rebut statutory presumption.

The case involves a criminal revision petition filed by the accused, Sri N. Jagadeesh, against his conviction under Section 138 of the Negotiable Inst...

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High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

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High Court of Karnataka Quashes Order in Negotiable Instruments Act Case Due to Compromise — Petitioner Allowed to Withdraw Amount Deposited. Settlement Reached for Rs.33 Lakhs in Installments, Court Permits Withdrawal of Rs.6 Lakhs Already Deposited.

The petitioner, Ms. Shally M. Peter, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order d...

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High Court of Karnataka Quashes Cheque Dishonour Proceedings Against Partners Due to Lack of Specific Averments of Vicarious Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to satisfy requirements of Section 141 of the Act for imputing liability on partners.

The petitioners, accused No.1 (M/s. Conserve Ready Mix Concrete, a partnership firm) and accused No.2 and 3 (partners of the firm), filed a petition u...

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

The petitioners, accused Nos.1 to 3, filed a petition under Section 482 of CrPC seeking quashment of the complaint in PCR No.107/2019 and the conseque...

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High Court of Karnataka Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent to wrong address invalidates proceedings under Section 138 of NI Act.

The petitioners, accused Nos.4, 6, and 5 in C.C.No.5577/2012 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru, filed a petiti...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Notice Sent by Registered Post to Wrong Address Not Valid Under Section 138 of Negotiable Instruments Act, 1881

The petitioners, M/s Indo International Ltd. and U.M. Lodha, were the original accused in a complaint filed by the respondent-complainant under Sectio...