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Search Results for "dishonor"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Non-Executive Directors in Cheque Dishonour Case — Mere Designation as Director Insufficient for Vicarious Liability Under Section 141 NI Act. The Court held that non-executive directors cannot be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the company's financial affairs.

4 Mar 2025

The Supreme Court allowed the appeals filed by K.S. Mehta and Basant Kumar Goswami, non-executive directors of M/s Blue Coast Hotels & Resorts Ltd...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

7 Feb 2025

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

High Court

Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

9 Jun 2023

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

Supreme Court

Supreme Court Sets Aside Conviction in Negotiable Instruments Act Case Due to Settlement Agreement. Court held that settlement between parties amounts to compounding of offence under Section 138 of Negotiable Instruments Act, 1881, and High Court erred in confirming conviction when parties had agreed to resolve dispute amicably or through arbitration.

1 Feb 2023

The Supreme Court heard appeals against the High Court's order confirming the appellants' conviction under Section 138 of the Negotiable Instruments A...

High Court

Bombay High Court Allows Appeal Against Interim Injunction in Suit for Cancellation of Sale Deeds. Consent order in previous suit does not create estoppel against defendants in subsequent suit for different reliefs.

7 Apr 2022

The respondents-plaintiffs filed Special Civil Suit No. 102/2020 seeking cancellation of registered sale deeds, perpetual injunction, and alternativel...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

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

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

21 Jun 2019

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

High Court

Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Appeal Dismissed as Loan Not Established as Legally Recoverable Debt Under Section 138 Negotiable Instruments Act, 1881.

14 Aug 2015

The appellant, Girdhari Parmanand Motiani, filed two criminal appeals against the acquittal of the respondents, Vinayak Bhagwan Khavnekar and another,...

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