Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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 a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

High Court

Bombay High Court Allows Appeal in NI Act Case, Holds Authorization to File Complaint Can Be Inferred from Conduct and Documents. The court set aside acquittal and convicted accused under Section 138 Negotiable Instruments Act, 1881 for dishonour of cheque, holding that authorization of complainant's representative was sufficiently proved.

8 Feb 2024

The appellant, M/s. Prince Marine Transport Services Private Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of NI Act Not Rebutted by Accused as Signature on Cheque Admitted and Statutory Notice Complied With.

29 Mar 2023

The appellant, M/s. Indian Potash Limited, a company engaged in importing and marketing fertilizers, filed a complaint under Section 138 of the Negoti...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Application Under Section 431 Cr.P.C. in Negotiable Instruments Act Case — Compromise Petition Under Section 147 N.I. Act Set Aside Due to Non-Compliance with Mandatory Procedure. The court held that the trial court must examine the compromise and pass appropriate orders under Section 431 Cr.P.C. before dismissing the application.

7 Feb 2020

The petitioner, Sri Somashekara Reddy, proprietor of Sunlight Solar Technology, filed a writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

15 Feb 2010

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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