Search Results for "Section 138 NI Act"

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Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881.

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated...

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Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

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Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic.

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Notice sent by UPC (Under Postal Certificate) held insufficient to constitute valid service under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Rushikesh Hanumant Sutar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FI...

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Bombay High Court Allows Revision of Accused Doctor in Cheque Dishonour Case Due to Lack of Proper Service of Notice. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as statutory notice was not served at the correct address.

The case involves two criminal revision applications arising from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The complaina...

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Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant; mere endorsement 'not claimed' is insufficient to establish deemed service.

The petitioner, Sahajanand Investments Pvt. Ltd., filed four criminal writ petitions under Section 482 of the Code of Criminal Procedure, 1973, seekin...