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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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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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Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

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Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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Special Court at Bombay Delivers Judgment in Securities Fraud Case — Accused Face Charges Under IPC and Prevention of Corruption Act for Cheating, Forgery, and Criminal Conspiracy

This criminal case arises from the 1992 securities scam, which severely impacted India's economy. The prosecution alleged that multiple accused person...