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Search Results for "section 138 ni act"

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High Court

Bombay High Court at Goa Allows Criminal Miscellaneous Application in Cheque Dishonour Case — Restores Trial Court's Order Condoning Delay of 13 Days in Filing Complaint Under Section 138 of Negotiable Instruments Act, 1881. The Sessions Judge's Revision Order Set Aside as It Improperly Interfered with Discretion of Trial Court in Condoning Delay.

6 Jul 2005

The case involves a criminal miscellaneous application filed by the original accused (Mr. R.K. Chawla and M/s. Goa Food & Pharma (P) Ltd.) challenging...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Cheque Bounce Case. Complainant's Admission of No Business Transaction Rebuts Presumption Under Section 139 of Negotiable Instruments Act, 1881.

20 Jul 2005

The case involves a criminal revision application filed by the original complainant and the State against the acquittal of the accused under Section 1...

High Court

Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

30 Nov -0001

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that failure to send notice to the correct address of the drawer within the prescribed period renders the complaint not maintainable and amounts to abuse of process.

9 Oct 2020

The case involves two criminal petitions filed by the petitioners (accused) under Sections 428 and 482 of the Code of Criminal Procedure, 1973, seekin...

High Court

High Court of Karnataka Allows Restoration of Complaint in Cheque Bounce Case After Complainant's Death — Legal Representatives Permitted to Continue Proceedings Under Section 256(2) Cr.P.C. The court set aside the dismissal order and restored the complaint under Section 138 of the Negotiable Instruments Act, 1881, holding that legal representatives have the right to continue the prosecution.

16 Oct 2020

The petitioners, who are the wife and children of the original complainant A. Krishnappa, filed a criminal petition under Section 482 of the Code of C...

High Court

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

1 Jul 2020

The petitioners, Sri N. Subramani and Sri Vishwanath N., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking ...

High Court

Bombay High Court Dismisses Petition to Quash Complaint Under Section 138 of Negotiable Instruments Act — No Grounds for Interference Under Article 227 or Section 482 CrPC. The court held that the complaint disclosed a prima facie case and the petition lacked merit.

12 Dec 2019

The petitioner, Afrojkhan s/o Bashirkhan Pathan, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 o...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. Failure to Serve Valid Notice Within 15 Days of Dishonour Renders Complaint Not Maintainable.

17 Dec 2019

The petitioner, Mohd. Jahir Mohd. Shikur, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, ...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Petition in Negotiable Instruments Act Case — Reinstates Magistrate's Order for Examination of Complainant's Witness. The court held that the revisional court exceeded its jurisdiction by interfering with the magistrate's discretion to recall a witness under Section 311 CrPC without proper justification.

11 Dec 2019

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Addition...

High Court

Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown.

22 Nov 2019

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Ar...

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