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Search Results for "cheque mandate"

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High Court

Bombay High Court Allows Petition in Negotiable Instruments Act Case — Handwriting Expert Not Required When Signature Admitted Under Section 20 of NI Act. The court held that under Section 20 of the Negotiable Instruments Act, 1881, the payee is authorized to fill up the cheque, making expert opinion on handwriting unnecessary when the drawer admits his signature.

2 Dec 2025

The petitioner/complainant filed a criminal writ petition challenging the judgment and order dated 18-06-2025 passed by the learned Additional Session...

High Court

High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

23 Aug 2023

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

High Court

High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2022

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

12 Nov 2019

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

High Court

Bombay High Court Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Society Recovery Proceedings — Petitioner Not Given Opportunity of Hearing Before Attachment of Property. Recovery under Section 101 of Maharashtra Co-operative Societies Act, 1960 must comply with natural justice; failure to give hearing vitiates attachment order.

13 Jun 2018

The petitioner, Sunil Sitaram Mahajan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 1st February 20...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

10 Mar 2010

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

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