Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Quashes Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The Court held that without proper service of demand notice, the essential ingredient of Section 138 NI Act is not satisfied, and continuation of proceedings would be an abuse of process.

27 Nov 2020

The petitioner, M. Babanna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashment of the ent...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of NI Act Not Rebutted by Accused.

23 Nov 2020

The appellant, Srinidhi Finance & Investment Corporation, filed a criminal appeal against the acquittal of the respondent, Basavanthappa, for the offe...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

23 Nov 2020

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

20 Nov 2020

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

3 Nov 2020

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

High Court

Bombay High Court Allows Criminal Writ Petition After Settlement Between Parties in Cheque Dishonour Case. Court Quashes Proceedings Under Section 138 of Negotiable Instruments Act, 1881 Following Compromise and Consent Terms.

4 Oct 2019

The petitioner, Lalita Kamal Vyas, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 6th March 2018 passed by the...

High Court

Bombay High Court Allows Criminal Writ Petition After Settlement Between Parties in Cheque Dishonour Case. Court Quashes Proceedings Under Section 138 of Negotiable Instruments Act, 1881 Following Compromise and Affidavit of No Grievance.

4 Oct 2019

The petitioner, Lalita Kamal Vyas, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 7th March 2018 passed by the...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

Bombay High Court Allows Appeal in NI Act Case — 'Not Claimed' Notice Constitutes Valid Service Under Section 138 Proviso (b). Refusal to accept notice by addressee amounts to deemed service; acquittal set aside.

19 Sep 2019

The appellant-complainant, Anil Gulabrao Khairkar, filed a criminal appeal against the judgment of the Special Court for the Negotiable Instruments Ac...

High Court

High Court of Bombay at Goa Allows Criminal Writ Petition Seeking Concurrent Sentences Under Section 427 CrPC in Cheque Dishonour Cases. Sentences of Imprisonment Under Section 138 of Negotiable Instruments Act, 1881 Directed to Run Concurrently Considering Totality of Circumstances.

11 Sep 2019

The petitioners, Mr. Krishna Venkatesh and Carl David Holiday Resorts Pvt. Ltd., were convicted by the Judicial Magistrate First Class at Mapusa, Goa,...

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