Search Results for "dishonored cheques"

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Search Results for "dishonored cheques"

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High Court

High Court of Karnataka Dismisses Petition to Quash Cheque Dishonour Proceedings - Complaint Filed by Special Power of Attorney Holder Upheld as Maintainable Despite Omission of Awareness Averment. Court Held That Since Special Power of Attorney Holder Was Signatory to Underlying Sale Deed Transaction, Omission Was Not Fatal, and Pendency of Civil Suit for Recovery Does Not Bar Criminal Prosecution Under Section 138 of Negotiable Instruments Act, 1881.

13 Mar 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed by the petitioners, who were accused in a cheque dishonour case, seeking to q...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

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...

High Court

Bombay High Court Quashes Process Against Directors in NI Act Case Due to Lack of Specific Averments of Vicarious Liability. The court held that mere designation as a director is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, and the complaint must contain specific averments that the director was in charge of and responsible for the conduct of the business.

19 Aug 2022

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973, filed by Anil Kumar Singhal and Meenu Maheshwari, director...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

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,...

High Court

Bombay High Court Allows Appeals by Complainant's Widow in Cheque Dishonour Cases, Restoring Complaints Dismissed for Non-Prosecution. Held that the Magistrate erred in dismissing complaints under Section 256 CrPC without considering the death of the original complainant and the request for substitution.

20 Mar 2015

The appellant, Smt. Nirmal Dewan, is the widow of Shri Trilok Dewan, who had filed three separate complaints against the respondent, Anand Shroff, all...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

5 Sep 2014

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

High Court

Bombay High Court Allows Writ Petition Quashing Process Against Accused in Section 138 NI Act Case. Cheque Drawer Alone Liable Under Section 138 of Negotiable Instruments Act, 1881; Admission of Liability in Settlement Does Not Create Vicarious Liability.

2 Jul 2012

The petitioners, Banwarilal L. Saini and another, were accused nos.1 and 3 in a criminal case under Section 138 of the Negotiable Instruments Act, 188...

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