Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

Bombay High Court Allows Revision Against Condition of 20% Deposit for Suspension of Sentence in Negotiable Instruments Act Case. Court holds that while appellate court can impose conditions for suspending sentence, directing deposit of 20% of compensation without considering appellant's financial capacity and without providing reasons is unsustainable.

14 Oct 2025

The petitioner, Rashmikant Zaverchand Shah, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 3...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

13 Sep 2019

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

High Court

Bombay High Court Allows Criminal Application, Restores Magistrate's Order Issuing Process in Cheque Dishonour Case. Sessions Court's Revisional Order Set Aside for Being Cryptic and Without Assigning Reasons.

26 Aug 2019

The applicant, Mahendra Jamnadas Kara, filed a criminal application before the Bombay High Court challenging an order passed by the Sessions Court, wh...

High Court

Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

23 Aug 2019

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

High Court

Bombay High Court Quashes Process Against Wife in Cheque Dishonour Case for Professional Fees — No Vicarious Liability Without Specific Role in Issuance of Cheque. The court held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, a spouse cannot be held liable merely on the basis of relationship or general participation in communications; specific averments of being in charge of business are required.

21 Aug 2019

The petitioner, Alka Khandu Avhad, wife of Khandu Kacharu Avhad, challenged an order dated 23/02/2018 passed by the learned Metropolitan Magistrate, 4...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2019

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019...

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 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

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of Company Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations of Role in Day-to-Day Affairs.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Mr. H.S. Bedi and Mrs. Av...

High Court

High Court of Karnataka Quashes Complaint Against Managing Director and Director in Dishonour of Cheque Case for Lack of Specific Averments. Failure to Allege Role in Day-to-Day Affairs of Company Renders Prosecution Unsustainable Under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.

8 Jan 2019

The petitioners, Shaju K. Nair (Managing Director) and Riya Nair (Director) of M/s. Clariya Marketing Services Private Limited, filed a criminal petit...

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