Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

High Court

Bombay High Court Quashes Order Returning Complaint Under Section 138 Negotiable Instruments Act, Holds Nagpur Court Has Jurisdiction. Presentation of Cheque at Collecting Bank in Nagpur and Non-Payment After Demand Notice Confers Territorial Jurisdiction Under Sections 178 and 179 CrPC Relying on Preetha v. Voltas Ltd.

9 Dec 2011

The complainant, a non-banking finance company, had its regional office at Nagpur and provided a loan to the accused for purchase of a vehicle. The ac...

High Court

Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

22 Oct 2013

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

High Court

Bombay High Court Dismisses PIL Challenging State Government's Notification Declaring 22 January 2024 as Public Holiday for Ram Lalla Pran-Pratishtha. Court holds that the notification was validly issued under Section 25 of the Negotiable Instruments Act, 1881 and the Central Government's notification of 8 May 1968, and that the decision was not arbitrary or violative of secular principles.

21 Jan 2024

The petitioners, law students from colleges in Maharashtra and Gujarat, filed a Public Interest Litigation challenging a notification dated 19 January...

High Court

High Court of Bombay at Goa Dismisses Criminal Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881. Concurrent Findings That Accused Failed to Rebut Presumption Under Section 139 and Cheque Was for Legally Enforceable Debt Upheld.

30 Jun 2005

The petitioner, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged his conviction and sentence imposed by th...

High Court

High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

22 Oct 2019

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

High Court

High Court of Karnataka Quashes Summons Against Directors in Cheque Bounce Case Due to Lack of Specific Allegations. Vicarious liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed without averring that the director was in charge of and responsible for the conduct of the business.

25 Apr 2014

The respondent/complainant filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Pen...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Loan and Signature. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused's Defence.

11 Aug 2010

The appellant, Vishwanath s/o Kondaji Pote, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He alleg...

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

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Notice Sent by Registered Post to Wrong Address Not Valid Under Section 138 of Negotiable Instruments Act, 1881

25 Jul 2005

The petitioners, M/s Indo International Ltd. and U.M. Lodha, were the original accused in a complaint filed by the respondent-complainant under Sectio...

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