Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

Bombay High Court Allows Revision Against Rejection of Additional Evidence in NI Act Case — Settlement Agreement After Trial Held Relevant. The appellate court must consider subsequent events that affect the merits of the case under Section 391 CrPC, even if the evidence could have been produced earlier with due diligence.

22 Nov 2019

The applicant, Ranjan Dutta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the Judicial Magistrate, First Class, Pune, f...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Fails to Prove Legal Liability as Cheque Was Given as Security and Payment Already Made. The court upheld the trial court's finding that the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881 by showing that the cheque was a security and that the debt had been discharged.

15 Nov 2019

The appellant, Shantaram Namdeo Sathe, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and...

High Court

Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Time-Barred Debt. Debt or Liability Must Be Legally Enforceable on the Date of Cheque Issuance Under Section 138 of Negotiable Instruments Act, 1881.

14 Nov 2019

The appellant, M. Shantilal & Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respond...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case: Filing of Complaint Before Expiry of 15-Day Notice Period Is Not Fatal If Cognizance Is Taken After the Period. The Court held that the date of taking cognizance, not the date of filing, determines compliance with Section 138 of the Negotiable Instruments Act, 1881.

22 Oct 2019

The appellant, Rambhau Tulsiram Bhusari, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

High Court

High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

22 Oct 2019

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

High Court

Bombay High Court Quashes Criminal Complaints Against Company and Directors in Dishonour of Cheque Case Due to Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of demand notice at registered office of company insufficient for individual directors; notice must be served at residential addresses.

10 Oct 2019

The petitioners, Manipal Soubhagya Nidhi Ltd., a company, and its directors K. K. Pai and T. Narayan Pai, filed four criminal writ petitions under Art...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors of Hindustan Lever Limited not liable under Section 138 of Negotiable Instruments Act, 1881 as complaint failed to aver that they were in charge of and responsible for conduct of business at the time of offence.

10 Oct 2019

The petitioners, who were directors of Hindustan Lever Limited, filed a writ petition seeking quashing of a criminal complaint filed by the respondent...

High Court

Bombay High Court Allows Petition and Quashes Criminal Proceedings in Cheque Dishonour Case Following Settlement. Dispute under Section 138 of Negotiable Instruments Act, 1881 resolved amicably, leading to setting aside of conviction and revision orders.

4 Oct 2019

The petitioner, Lalita Kamal Vyas, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 8th December 2017 passed by ...

High Court

Bombay High Court Quashes Process and Bailable Warrant in Cheque Dishonour Case Due to Non-Application of Mind. Court holds that issuance of process under Section 138 of Negotiable Instruments Act, 1881 without recording satisfaction as to existence of legally enforceable debt or liability is unsustainable.

4 Oct 2019

The applicant, Hemant Mohan Agarwal, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the o...

High Court

Bombay High Court Quashes Criminal Process in Cheque Dishonour Case Due to Civil Nature of Dispute. Failure to Pay Under Consent Terms Does Not Attract Criminal Liability Under Section 138 of Negotiable Instruments Act, 1881 When Dispute is Essentially Civil.

1 Oct 2019

The petitioners, Nirman Raltors and Developers Ltd. and two individuals, filed a writ petition challenging an order dated 06.09.2018 passed by the Jud...

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