Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

High Court

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.

5 Sep 2014

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

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal on Grounds of Improper Appreciation of Evidence and Reverses Finding of Duress. The Court held that the defence of cheque issued under force was not proved and the presumption under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

20 Dec 2019

The case involves a criminal appeal filed by the original complainant, Girdharilal Agrawal, against the acquittal of the accused-respondents (State of...

High Court

High Court of Karnataka Dismisses Petition to Quash Order in Negotiable Instruments Act Case — Evidence by Affidavit Under Section 145 NI Act Permissible Even Before Accused's Appearance. Trial Court's Procedure of Proceeding with Evidence by Affidavit and Marking Documents at Sworn Statement Stage Held Valid Under Section 145 of the Negotiable Instruments Act, 1881.

2 Jul 2018

The petitioner, Smt. Devika Veeranna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 before the High Court of Kar...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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

High Court of Karnataka Quashes Complaint Against Managing Director and Director in Dishonour of Cheque Case for Lack of Specific Averments. Failure to Allege Role in Day-to-Day Affairs of Company Renders Prosecution Unsustainable Under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.

8 Jan 2019

The petitioners, Shaju K. Nair (Managing Director) and Riya Nair (Director) of M/s. Clariya Marketing Services Private Limited, filed a criminal petit...

High Court

High Court of Karnataka at Dharwad Pronounces Order on Petition Filed by Canara Bank Seeking Directions Against Warehousing Authority and Warehouseman. The Petition Involves Claims Regarding Non-Cooperation in Segregation and Verification of Pledged Goods Covered by Electronic Negotiable Warehouse Receipts Issued Under the Warehousing (Development and Regulation) Act, 2007.

17 Sep 2025

This writ petition was filed by Canara Bank under Articles 226 and 227 of the Constitution, seeking directions against the Warehousing Development and...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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