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Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

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High Court of Judicature at Bombay Considers Application Under Section 482 CrPC Seeking Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881. Applicant Challenges Vicarious Liability Under Section 141 and Compliance with Section 202 CrPC Inquiry in Cheque Dishonour Case.

The applicant preferred a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the proceedings in a complaint u...

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Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

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High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls.

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bom...

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High Court of Bombay at Goa Passes Judgment in Appeal Against Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Whether a Cheque Issued as Security Attracts Liability Under Section 138 Remains the Central Question.

The appeal before the High Court of Bombay at Goa arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The appellant, Goa...

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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.

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

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High Court Dismisses Application to Quash Process in Section 138 NI Act Case Against Partners of Accused Firm. Complaint's Averments That Partners Were in Charge of and Responsible for Conduct of Business Satisfied Section 141 NI Act, Negating Claim of Vicarious Liability Without Specific Role Pleading.

The case involved an application under Section 482 of the Code of Criminal Procedure, 1973 filed by two partners of a firm, seeking quashment of the o...

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High Court of Bombay Modifies Sentence in Cheque Dishonour Case to Include Compensation. Conviction Under Section 138 of Negotiable Instruments Act Upheld but Court Directs Payment of Cheque Amount as Compensation Under Section 357 CrPC, Holding That Purpose of Act is Recovery of Money.

The complainants filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused had issued a cheque for Rs. 80...