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High Court of Bombay at Nagpur Hears Criminal Appeal Against Acquittal in Cheque Bounce Case. Trial Court Found Cheque Dishonoured but Dismissed Complaint for Lack of Authorization of Power of Attorney Holder Under Section 138 of Negotiable Instruments Act, 1881.

The present criminal appeal arose from the acquittal of the respondent-accused in a complaint under Section 138 of the Negotiable Instruments Act, 188...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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Madras High Court Adjudicated a Commercial Suit for Recovery of Chit Maturity Amount Against a Partnership Firm and Partners. The plaintiff claimed the maturity value based on an acknowledgment of liability and promissory estoppel, while the defendants raised a prior suit for injunction and accounts.

The plaintiff, a construction company, filed a commercial suit against a partnership firm (first defendant) and its partners (defendants 2 to 6) for r...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Dismissal on Limitation Grounds. Court holds that limitation period for filing complaint under Section 138 of Negotiable Instruments Act, 1881 runs from date of receipt of notice by accused, not from date of dispatch.

The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respo...

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Bombay High Court Considers Bank's Claim for Recovery of Dues from Export Company and its Director. Dispute Centers on Alleged Agreement to Debit Cash Credit Account Upon Dishonour of Foreign Bills Purchased Under FBP Facility.

The suit was filed by Bank of India to recover Rs.5,67,332.51 with interest at 19.5% per annum from B.C. Mody Exports P. Ltd. (defendant no.1) and its...

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Bombay High Court Allows Petition of Solicitor Firm in Income Tax E-Filing Dispute — Return Held Valid Despite Non-Receipt of ITRV Form by CPC. Assessee Complied with Department's Instructions to Send ITRV by Ordinary Post and Had Certificate of Posting; Department Cannot Treat Return as Invalid.

The petitioner, M/s. Crawford Bayley & Co., a firm of solicitors, filed a writ petition challenging a communication dated 21 March 2011 from the Incom...

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Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Failure to Prove Service of Statutory Notice. Complainant's failure to examine postal witness and produce acknowledgment card renders notice service unproven under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M/s. Lloyds Metals & Engineers Ltd., filed a criminal appeal against the judgment dated 31st March 1998 passed by the Judicial Magistra...