Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Quashes Complaint Against Sleeping Partner in Negotiable Instruments Act Case — No Prima Facie Case as Partner Did Not Sign Cheque or Participate in Business. The court held that a sleeping partner who did not sign the cheque and was not involved in the business cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, and continuing proceedings would be an abuse of process.

9 Dec 2020

The applicant, Ajay Rampal Sarda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal...

High Court

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.

7 Sep 2015

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

High Court

Bombay High Court Allows Petition Against Discharge of Manager in Cheque Dishonour Case - Liability Under Section 138 of Negotiable Instruments Act Extends to Persons in Charge of Conduct of Business. The Court set aside the orders of the Magistrate and revisional Court which discharged the Manager solely because he was not a signatory, without considering his vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

26 Sep 2017

The petitioner, Kailash Waghmare, filed a criminal writ petition challenging the orders of the learned Magistrate and the revisional Court which disch...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Not Rebutted by Accused.

31 Jan 2019

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, again...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case Due to Lack of Specific Role in Company Affairs. Petitioner was not in charge of or responsible for conduct of business of the company at the time of offence, essential for vicarious liability under Section 141 of Negotiable Instruments Act, 1881.

17 Mar 2016

The petitioner, Mrs. Lata Pramod Dave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 227 of the...

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.

1 Apr 2026

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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 Quashes Process Issued Against Accused in Dishonour of Cheque Cases Due to Lack of Averments Regarding Debt or Liability. The Court held that the complainant failed to make specific averments that the cheques were issued towards discharge of a legally enforceable debt or liability, which is essential under Section 138 of the Negotiable Instruments Act, 1881.

6 Aug 2019

The applicant, Kamalkishor Shrigopal Taparia, filed four criminal applications challenging the orders passed by the learned Metropolitan Magistrate, 2...

High Court

High Court partly allowed Revision Petition in Cheque Dishonour Case -- Conviction Under Section 138 of Negotiable Instruments Act Upheld However order for imposition of cost set aside -- Petitioner Challenge to Conviction and Sentence Fails

27 Jan 2026

The High Court dismissed a criminal revision petition challenging conviction under Section 138 of Negotiable Instruments Act -- The petitioner was con...

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