Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Summary Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Magistrate Erred in Dismissing Complaint Without Considering Evidence on Record. The Court Held That the Magistrate Must Apply Judicial Mind and Examine the Complainant Before Dismissing a Complaint Under Section 138 of NI Act.

5 Feb 2024

The petitioner, A Adinarayana Reddy, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Cou...

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 Averments of Being in Charge of and Responsible for Conduct of Business at Time of Offence.

23 Feb 2023

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973 filed by three directors (applicants) of CLC Industries Ltd...

High Court

High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

2 Feb 2023

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

31 Mar 2021

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Conviction for Dishonour of Cheque When Debt is Less Than Cheque Amount. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 applies to the existence of a legally enforceable debt, and the accused must rebut it; mere discrepancy in amount does not vitiate the complaint if the debt is proved.

3 Feb 2021

The appellant, M. Ramesh Kumar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Riyaz Ur Rehaman, ...

High Court

Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained.

2 May 2019

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/...

High Court

High Court Allows Accused to File Affidavit in Lieu of Oral Evidence in NI Act Case — Section 145(2) of Negotiable Instruments Act, 1881 Permits Accused to Give Evidence on Affidavit, Reversing Trial Court's Rejection.

9 Aug 2016

The petitioner, Afzal Pasha, was the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the XIV Ad...

High Court

Bombay High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Co-operative Society Entitled to Maintain Complaint Under Section 138. The court held that a co-operative society is a 'body corporate' and can maintain a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the accused failed to rebut the presumption under Section 139.

7 Feb 2014

The appellant, a co-operative society registered under the Maharashtra Co-operative Societies Act, filed a complaint under Section 138 of the Negotiab...

High Court

High Court of Bombay Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

30 Nov -0001

The case involves criminal applications filed by Gatrod Agro Bio-Fuels Private Ltd. and its directors (applicants) seeking quashing of criminal procee...

High Court

Bombay High Court Dismisses Revision Against Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Cheque Was Issued as Security, Not for Repayment of Loan.

30 Nov -0001

The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...

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