Search Results for "Negotiable Instruments"

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Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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Bombay High Court Dismisses Petition Challenging Jurisdiction in NI Act Case — Place of Dishonour Determines Jurisdiction Under Section 138. Exception for Cases at Section 145(2) Stage Not Applicable as Case Was at Initial Stage.

The petitioner, Sushil Kumar Saxena, was the accused in Criminal Case No. 2361/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Active Role in Business Conduct.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

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Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881 — Presumption of Legally Enforceable Debt or Liability Under Section 139 Stands Rebutted Only by Preponderance of Probabilities, Not Mere Denial.

The appellant, Sau. Dwaribai Nanakram Jivatramani, proprietor of Rajesh Agarbatti, filed a criminal appeal against the judgment and order of acquittal...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

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Bombay High Court Quashes Process in NI Act Case for Non-Compliance with Section 202 CrPC Inquiry. Magistrate failed to conduct mandatory inquiry under Section 202 CrPC before issuing process against accused residing outside jurisdiction.

The petitioner, Kunal Rajesh Kothari, filed a criminal writ petition challenging the order dated 19th January 2016 passed by the Judicial Magistrate, ...