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High Court of Karnataka Examines Quashing of Cheque Dishonour Proceedings for Lack of Specific Averments Under Section 141 NI Act. Directors Contend Complaints Merely Name Them Without Alleging Active Role in Day-to-Day Affairs.

The case concerns multiple criminal petitions filed by Kavitha Chopra and Dhirendra Chopra, directors of OSIA Hyper Retail Limited, seeking to quash p...

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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

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...

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Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

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Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

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Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...