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 Modification of Interim Order in NI Act Case — Directs Deposit of 20% of Fine Amount as Per Amended Section 148 of Negotiable Instruments Act, 1881. The Court held that the amendment to Section 148 of the NI Act, which came into effect on 01-09-2019, is procedural and applies to pending appeals, requiring deposit of 20% of the fine amount instead of 10%.

16 Jun 2022

The petitioner, Syed Ishrathulla Hussaini, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the ...

High Court

Bombay High Court Allows Petition Against Discharge of Manager in Cheque Dishonour Case - Liability Under Section 138 of Negotiable Instruments Act Extends to Persons in Charge of Conduct of Business. The Court set aside the orders of the Magistrate and revisional Court which discharged the Manager solely because he was not a signatory, without considering his vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

26 Sep 2017

The petitioner, Kailash Waghmare, filed a criminal writ petition challenging the orders of the learned Magistrate and the revisional Court which disch...

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 Return of Complaints in NI Act Cases Where Stage Under Section 145(2) Not Reached. Filing of Affidavit of Evidence Does Not Conclude Examination-in-Chief Under Section 145(2) of Negotiable Instruments Act, 1881.

8 Apr 2015

The petitioner, Rajesh Ashok Ranpura, filed four criminal writ petitions challenging orders passed by the Metropolitan Magistrate, 23rd Court, Esplana...

High Court

Bombay High Court Allows Withdrawal of Complaint in Negotiable Instruments Act Case — Costs Imposed as Condition Precedent. Applicant permitted to withdraw criminal complaint under Section 138 of Negotiable Instruments Act, 1881 subject to payment of costs directed earlier.

11 Apr 2014

The case involves a criminal application filed by Smt. Sumedha w/o Sunil Chitpur @ Sumedha d/o Vithalrao Shinde, an advocate by profession, seeking wi...

High Court

High Court Allows Appeal Against Dismissal of Complaint in Default in NI Act Case — Restoration of Complaint Ordered Due to Sufficient Cause for Absence. Miscommunication Regarding Hearing Date Constitutes Sufficient Cause for Non-Appearance Under Section 138 Negotiable Instruments Act, 1881.

12 Dec 2011

The appellant, The Aurangabad People's Cooperative Bank Ltd., filed a criminal appeal challenging the order dated 4-9-2010 passed by the learned 3rd J...

High Court

Bombay High Court Dismisses Quashing Petition in Cheque Dishonour Case, Holds That Legally Enforceable Liability Is a Mixed Question of Fact and Law Not Decided Under Section 482 CrPC. The Court Refused to Quash Summary Criminal Case No. 549 of 2009 Under Section 138 of the Negotiable Instruments Act, 1881, Relying on Presumptions Under Sections 118 and 139 of the NI Act.

25 Jul 2011

The applicant, Prashant Belsare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Summary C...

High Court

Bombay High Court Allows Revision Against Acquittal in Negotiable Instruments Act Case — Complainant's Right to Appeal Under Section 378(4) CrPC Not Barred for Filing Revision. The court held that the revisional court can examine the legality and propriety of the acquittal order even if the complainant did not seek leave to appeal, as the revision is maintainable under Section 397 CrPC read with Section 401 CrPC.

11 Apr 2011

The applicant, Maharashtra State Cooperative Marketing Federation Ltd., filed a criminal complaint under Section 138 of the Negotiable Instruments Act...

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 Allows Quashing of Proceedings in Cheque Dishonour Case Due to Lack of Vicarious Liability of Partners and Employees. Partners and employees not shown to be in charge of or responsible for conduct of business at time of offence under Section 138 of Negotiable Instruments Act, 1881.

10 Jul 2007

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) seeking quashing...

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