Search Results for "Cheque dishonour"

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Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

Supreme Court

Non-executive director cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881, without specific allegations of active involvement.

13 Feb 2025

The Supreme Court quashed the criminal proceedings against the Appellant. – Held that vicarious liability under Section 141 NI Act requires specific...

Supreme Court

Supreme Court Upholds Acquittal in Cheque Bounce Case. Detailed Judgment Reaffirms Legal Principles under the Negotiable Instruments Act, 1881

7 Aug 2024

The Supreme Court of India has upheld the acquittal of the respondent in a case involving the dishonour of a cheque, originally filed by the appellant...

Supreme Court

Supreme Court Upholds Bombay High Court's Interpretation of 'Drawer' Under NI Act. Clarifies that authorized signatories of a company are not liable to pay interim compensation under Section 143-A for dishonoured cheques

24 Jul 2024

The Supreme Court dismissed the appeals challenging the Bombay High Court's decisions dated 08.03.2023 and 29.03.2023. These decisions had set aside t...

Supreme Court

Supreme Court Dismisses Petitions by Partnership Firm; Upholds Acquittal in Cheque Bounce Case. Findings of High Court and First Appellate Court on Absence of Enforceable Debt Not Considered Perverse, Petitions Dismissed.

9 Apr 2024

The Supreme Court dismissed four petitions filed by a partnership firm involved in iron and steel products, challenging the acquittal of the first res...

Supreme Court

Supreme Court Quashes Proceedings Against Former Directors in Cheque Dishonour Case Due to Prior Resignation. Directors Cannot Be Held Liable Under Section 141 of Negotiable Instruments Act When Cheques Were Issued After Their Resignation Was Statutorily Recorded in Form 32 Under Companies Act, 1956.

14 Feb 2024

The Supreme Court addressed appeals concerning criminal liability of former directors in cheque dishonour cases under Section 138 of the Negotiable In...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Cheque Dishonour Case Upholding Rejection of Additional Evidence Application. Appellate Court Correctly Refused to Assist Accused in Collecting Defence Evidence Under Section 391 CrPC as Presumption Under Section 118 NI Act Favors Complainant and Accused Failed to Rebut It Despite Opportunity.

29 Jan 2024

The Supreme Court heard an appeal by special leave challenging the High Court of Gujarat's order dated 25th October 2023, which rejected the appellant...

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