Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; failure to rebut leads to conviction.

9 Apr 2025

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

High Court

Bombay High Court Dismisses Petition Challenging Condonation of 1259 Days Delay in Filing Complaint Under Section 138 of Negotiable Instruments Act, 1881. Repeated Assurances by Accused Constitute Sufficient Cause for Delay.

4 Mar 2024

The petitioner, Hiren Ashwin Shah, challenged the order dated 20 December 2022 passed by the Additional Sessions Judge, Borivali, Mumbai, which affirm...

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 ...

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

High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration Act — Claimant Failed to Prove Outstanding Dues Beyond Admitted Liability. The court upheld the arbitral award rejecting the claim for Rs. 25 crores as the claimant did not produce sufficient evidence and the respondent's admission was limited to Rs. 15 lakhs.

19 Jan 2022

The appellant, Anmol Steel Processors Private Limited (claimant), filed a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, ...

Supreme Court

Supreme Court Upholds Direction to Deposit 25% of Compensation Under Section 148 NI Act in Appeals Against Conviction for Cheque Dishonour. Amendment to Section 148 of the Negotiable Instruments Act, 1881 is procedural and applies to appeals pending after its enforcement, regardless of when the complaint was filed.

21 Aug 2019

The Supreme Court dismissed appeals by convicts under Section 138 of the Negotiable Instruments Act, 1881, challenging the direction to deposit 25% of...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

23 Jul 2019

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

High Court

Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

24 Jan 2019

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

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 Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Active Role in Business Conduct.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

High Court

Bombay High Court Allows Revision Application and Discharges Accused in Bombay Money-Lenders Act Case — Single Loan Transaction Not Sufficient to Constitute Money-Lending Business Under Section 5 of Bombay Money-Lenders Act, 1946.

1 Sep 2006

The petitioners, nine family members, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure,...

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