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Search Results for "dishonour of cheque"

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High Court

High Court of Karnataka Allows Appeal in NI Act Case — Complainant Company's Authorised Representative Held Competent to File Complaint. The court set aside acquittal and remanded the case for fresh consideration on merits, finding that the trial court erred in holding that the complaint was not filed by an authorised person.

27 Sep 2013

The appellant, M/s Canara Workshops Limited, a company incorporated under the Companies Act, 1956, filed a complaint under Section 138 of the Negotiab...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Requires Probable Defence. The court held that the accused must raise a probable defence to rebut the presumption under Section 139 of the NI Act, and mere denial or inconsistent story is insufficient.

12 Jan 2023

The appellant, Lyndon Rodrigues, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent Anil Thakur for disho...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

High Court

Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal of Director and Company for Non-Compliance with Section 138 Requirements. The court held that the trial court erred in acquitting the director without deciding the company's liability and misdirected itself on the issue of statutory notice.

7 Mar 2024

The appellant, S. Selvakumari Perulmal, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Kaushal Realtors Pvt. Ltd....

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

High Court

Bombay High Court Allows Appeal in NI Act Case, Holds Authorization to File Complaint Can Be Inferred from Conduct and Documents. The court set aside acquittal and convicted accused under Section 138 Negotiable Instruments Act, 1881 for dishonour of cheque, holding that authorization of complainant's representative was sufficiently proved.

8 Feb 2024

The appellant, M/s. Prince Marine Transport Services Private Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

High Court

Bombay High Court Allows Condonation of Delay in Appeal Under Proviso to Section 372 CrPC for Dishonour of Cheque Case — Delay of 362 Days Condoned as No Limitation Period Prescribed for Victim's Appeal. The court held that the proviso to Section 372 CrPC does not prescribe any limitation period for a victim's appeal, and therefore, no application for condonation of delay is required.

23 Sep 2025

The petitioner, Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd., a registered co-operative society, filed a complaint under Section 138 of the Negoti...

High Court

High Court of Bombay at Goa Allows Appeals in Section 138 NI Act Cases — Reverses Acquittal by Sessions Court. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 applies once signature on cheque is admitted, shifting burden on accused to rebut existence of legally enforceable debt.

26 Sep 2025

The case involves two criminal appeals filed by Pierre Antonio Lobo (the complainant) against the acquittal of Jose Remedios A.A. Rodrigues (the accus...

High Court

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.

1 Jul 2026

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

High Court

High Court of Karnataka adjudicates criminal appeals arising from conviction of a bank employee and relative for conspiracy, forgery, and corruption. Convictions under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988 were challenged before the High Court.

20 Apr 2018

The appeals arose out of the judgment dated 26.12.2009 passed by the Special Judge for CBI Cases, Bangalore in Spl.C.C.No.29/2004, whereby the appella...

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