Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court of Bombay at Goa Allows Criminal Writ Petition Seeking Concurrent Sentences Under Section 427 CrPC in Cheque Dishonour Cases. Sentences of Imprisonment Under Section 138 of Negotiable Instruments Act, 1881 Directed to Run Concurrently Considering Totality of Circumstances.

11 Sep 2019

The petitioners, Mr. Krishna Venkatesh and Carl David Holiday Resorts Pvt. Ltd., were convicted by the Judicial Magistrate First Class at Mapusa, Goa,...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881 Filed by Power of Attorney Holder Without Proper Authorization. Power of Attorney Holder Must Have Proper Authorization to File Complaint Under Section 138 of Negotiable Instruments Act, 1881.

12 Aug 2005

The applicant, A.C. Narayanan, was the accused in multiple complaints under Section 138 of the Negotiable Instruments Act, 1881, filed by the responde...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

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...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

High Court of Karnataka Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the complainant proved the existence of a legally enforceable debt and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

20 Sep 2023

The complainant, Chidamber S. Nanavate, filed a criminal appeal under Section 378(1) and (4) of the Code of Criminal Procedure, 1973, challenging the ...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

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