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Search Results for "payee's bank account"

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High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Section 462 Cr.P.C. Bars Quashing on Ground of Want of Jurisdiction. Court holds that even if the complaint was filed at a place without territorial jurisdiction, the proceeding cannot be quashed; the proper remedy is to seek return of complaint under Section 201 Cr.P.C.

29 Nov 2012

The petitioner, Madan Motichand Gupta, proprietor of Quick Services, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of ...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2025

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

Supreme Court

Supreme Court Quashes Complaint Against Director in Cheque Dishonour Case for Non-Joinder of Company. Prosecution under Section 138 NI Act cannot proceed without arraigning the company as an accused, and notice of demand must be served on the company.

17 Jan 2019

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent against the appellant, Himanshu, alleg...

High Court

Bombay High Court Quashes Process Issued Under Section 138 of Negotiable Instruments Act Against Accused in Dishonour of Cheque Case Due to Lack of Proper Service of Notice. Court Held That Service of Notice Under Section 138(b) Must Be Proved by Complainant and That Summons to Accused Must Be Served at Correct Address.

8 Aug 2019

The petitioners, original accused Nos. 3 to 6, filed a criminal writ petition challenging the order dated 3rd April 2003 issuing process under Section...

High Court

Bombay High Court Upholds Removal of Director in Co-operative Bank Case for Misappropriation and Conflict of Interest. Commissioner's order under Section 78A(1) of Maharashtra Co-operative Societies Act, 1960 confirmed due to unauthorized donations to trust and contract awarded to son's firm.

3 Feb 2020

The petitioner, P. A. Inamdar, was a shareholder, director, and Chairman of the Muslim Co-operative Bank Ltd., Pune. On 19 July 2017, respondent Nos. ...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

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

High Court of Bombay at Goa Allows Criminal Writ Petition in Negotiable Instruments Act Case — Complaint Refiled Within 30 Days of Return Deemed Within Limitation. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, returned for lack of jurisdiction and refiled within 30 days of return, is deemed to be within limitation if the original complaint was filed within limitation.

20 Jun 2017

The petitioner, The Bicholim Urban Co-operative Bank Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respon...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application Under Section 197 of Income Tax Act for Lower Tax Deduction on Dividend Income. The court held that a Tax Residency Certificate (TRC) is sufficient evidence of residence for claiming treaty benefits under the India-Mauritius DTAA, and the Assessing Officer must consider the DTAA provisions.

26 Apr 2019

The petitioner, Indostar Capital, a Mauritius-based company incorporated in October 2010, held a Category 1 Global Business Licence and a Tax Residenc...

Supreme Court

Supreme Court Dismisses Revenue's Appeals in Karnataka VAT Act Cases on Input Tax Credit Claims. Court Interprets Section 70 to Hold Purchasing Dealers Discharged Burden of Proof Through Genuine Invoices and Payments, Entitling Them to ITC Despite Seller Defaults.

13 Mar 2023

The dispute involved appeals by the State of Karnataka (revenue) against High Court judgments that dismissed revision applications and allowed Input T...

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