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 Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

Bombay High Court Dismisses Petition Challenging Re-examination of Complainant in NI Act Case Under Section 311 CrPC. The court held that re-examination to prove a document is permissible for just decision and does not prejudice the accused.

23 Aug 2021

The petitioner, Balu Bajirao Shinde, challenged an order passed by the Judicial Magistrate, First Class, Patoda, in Summary Criminal Case No. 477 of 2...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice and Absence of Averments Regarding Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt and that the demand notice was not served in accordance with Section 138 of the Negotiable Instruments Act, 1881.

26 Apr 2021

The judgment involves multiple criminal writ petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Quashes FIR Against APMC Directors in Cheque Dishonour Case — No Offence Made Out Under Section 138 of Negotiable Instruments Act, 1881 as Complainant Failed to Show Legally Enforceable Debt or Liability.

15 Dec 2020

The applicants, who were directors and office bearers of the Agricultural Produce Market Committee (APMC), Chandur Bazar, filed an application under S...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

Bombay High Court Allows Criminal Writ Petition and Revision in Dishonour of Cheque Case — Quashes Conviction Due to Non-Compliance with Section 138 NI Act Requirements. The court held that the complainant failed to prove the existence of a legally enforceable debt or liability and that the notice of demand was not properly served, leading to acquittal of the accused.

12 Jun 2020

The case involves a dispute between Monika Sales Agencies (a partnership firm) and its partner Sunil Lalchand Munot (petitioners) against Mahesh Nagar...

High Court

Bombay High Court Allows Revision Against Order Closing Evidence in NI Act Case — Failure to Cross-Examine Complainant's Affidavit Does Not Automatically Close Defence Evidence. The court held that the accused's right to cross-examine the complainant's affidavit-in-evidence is fundamental to a fair trial under Section 138 of the Negotiable Instruments Act, 1881, and the trial court's order closing evidence without granting such opportunity was premature and set aside.

9 Mar 2020

The petitioner, Shankar Lotlikar, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of C...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Due to Misapplication of Statutory Presumptions. Failure to Draw Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881 Despite Admission of Signature on Cheque Constitutes Error in Law.

13 Jan 2020

The appellant, Sada Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the re...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Due to Misapplication of Statutory Presumptions. The court held that the trial court failed to properly apply presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, and that the respondent failed to rebut the presumption of legally enforceable debt.

13 Jan 2020

The appellant, The Sada Urban Co-operative Credit Society Ltd., filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, ...

High Court

Bombay High Court Quashes Process Against Accused in Cheating Case Due to Civil Nature of Dispute. Dishonour of cheque and failure to pay amount under agreement treated as civil liability, not criminal breach of trust or cheating under Sections 406 and 420 IPC.

7 Jan 2020

The petitioner, Vivek Vishwanath Kenge, was the original accused in a criminal case filed by Vishwam Power & Buildcon Pvt. Ltd. The respondent company...

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