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Search Results for "cheque payment"

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High Court

Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2019

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

High Court

High Court of Bombay Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

30 Nov -0001

The case involves criminal applications filed by Gatrod Agro Bio-Fuels Private Ltd. and its directors (applicants) seeking quashing of criminal procee...

High Court

Gujarat High Court Allows Revision Against Magistrate's Order Returning Complaint for Lack of Territorial Jurisdiction in Cheque Dishonour Case. The Court Held That the Magistrate Erred in Returning the Complaint as the Cheque Was Drawn on a Bank Branch Within His Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881.

23 Mar 2026

The present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) was filed by Shriram Transport...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Appellate Court Erred in Reversing Conviction Based on Improper Appreciation of Evidence and That the Presumption Under Section 139 of the N.I. Act Was Not Rebutted.

2 May 2017

The appellant, Ms. Anu Tripathi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that a cheque dated 20.09.2009 ...

High Court

Gujarat High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Not Rebutted by Accused. The court held that the trial court erred in acquitting the accused as the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

18 Mar 2026

The appellant, original complainant, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that the accused issued a ch...

High Court

Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

7 Dec 2010

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Non-Compliance of Section 138 Notice Requirements. Notice sent to Director at residential address not shown as registered office or known address under Section 138 NI Act, 1881.

26 Sep 2019

The applicant, Shehzad Valimohammad Merchant, was a director of Landmark Real Estate Developers Limited. The company entered into a Memorandum of Unde...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

High Court of Karnataka Allows Revision Petitions in Cheque Dishonour Cases — Conviction Set Aside Due to Non-Prosecution of Complainant and Lack of Evidence. The court held that the dismissal of complaint for default was proper and restoration without notice to accused was illegal, and the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881.

12 Apr 2016

The case involves three criminal revision petitions filed by the accused (M/s Ideb Buildcon Private Limited, H S Bedi, Avneet Bedi, and Oan Ali Zahid)...

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