Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court Quashes Process Against Accused in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction and Limitation Bar. Complaint Filed Beyond Limitation After Return for Want of Jurisdiction Cannot Be Entertained Without Fresh Cognizance.

25 Sep 2018

The applicants, original accused Nos. 2 to 4, challenged the order dated 18.06.2016 passed by the Judicial Magistrate First Class, Gangapur, issuing p...

High Court

High Court of Bombay at Goa Holds Magistrate Erred in Directing Accused to File Affidavit Evidence and in Allowing Cross-Examination Without Reasons in Section 138 NI Act Cases. Written Waiver Under Section 315 CrPC and Prohibition on Accused's Affidavit Evidence Under Sections 143 and 145 of Negotiable Instruments Act, 1881 Drive the Verdict.

4 Aug 2025

The High Court of Bombay at Goa heard two criminal writ petitions filed by Conroy J.F. De Melo, the accused in two complaints under Section 138 of the...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

26 Sep 2013

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

26 Jul 2024

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

High Court

High Court of Karnataka Quashes Cognizance Orders in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that when a demand notice sent by registered post is returned as 'unclaimed', the complainant must prove deliberate avoidance by the accused to sustain cognizance under Section 138 of the Negotiable Instruments Act, 1881.

21 Sep 2022

The petitioner, Sri H.N. Nagaraj, filed multiple criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders...

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...

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

Bombay High Court Dismisses Revision Applicant's Challenge to Quashing of Process in Cheque Dishonour Case — Territorial Jurisdiction for Section 138 NI Act Lies Where Drawee Bank Is Situated. The court upheld the Sessions Judge's order that the complaint filed at Nagpur was not maintainable as the cheques were drawn on a bank in Mumbai, and the offence under Section 138 of the Negotiable Instruments Act, 1881 is completed at the place of the drawee bank.

28 Jul 2011

The case involves a criminal revision application filed by Mrs. Arti d/o Amar Pandey challenging an order dated 30th October 2010 passed by the Additi...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

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