Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the mandatory requirement of service of demand notice at the correct address was not satisfied, rendering the prosecution unsustainable.

10 Nov 2025

The petitioners, M/s. Biodiversity Conservation India Private Limited and its directors, filed two criminal petitions under Section 482 of the Code of...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

High Court

Bombay High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Co-operative Society Entitled to Maintain Complaint Under Section 138. The court held that a co-operative society is a 'body corporate' and can maintain a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the accused failed to rebut the presumption under Section 139.

7 Feb 2014

The appellant, a co-operative society registered under the Maharashtra Co-operative Societies Act, filed a complaint under Section 138 of the Negotiab...

High Court

High Court of Karnataka Dismisses Revision Petitions in Dishonour of Cheque Cases — Conviction Under Section 138 NI Act Upheld Due to Lack of Evidence on Loan Repayment. The court held that concurrent findings of fact cannot be interfered with in revision unless perverse, and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

30 Aug 2021

The petitioner, Sri Narayana Mudaliyar @ Narayana Raju, was convicted under Section 138 of the Negotiable Instruments Act, 1881, in two separate cases...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection.

11 Dec 2013

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of...

High Court

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.

22 Apr 2014

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

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

4 Feb 2016

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to prove his defence on preponderance of probabilities and the cheque was issued for a legally enforceable debt.

19 Sep 2006

The appellant, Smt. Prabha Gandhi, filed a criminal appeal against the acquittal of the respondent, Manohar Deshmukh, by the Judicial Magistrate First...

High Court

Bombay High Court Dismisses Quashing Petition in Cheque Dishonour Case, Holds That Legally Enforceable Liability Is a Mixed Question of Fact and Law Not Decided Under Section 482 CrPC. The Court Refused to Quash Summary Criminal Case No. 549 of 2009 Under Section 138 of the Negotiable Instruments Act, 1881, Relying on Presumptions Under Sections 118 and 139 of the NI Act.

25 Jul 2011

The applicant, Prashant Belsare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Summary C...

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