Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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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...

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

High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2022

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

22 Dec 2020

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case: Filing of Complaint Before Expiry of 15-Day Notice Period Is Not Fatal If Cognizance Is Taken After the Period. The Court held that the date of taking cognizance, not the date of filing, determines compliance with Section 138 of the Negotiable Instruments Act, 1881.

22 Oct 2019

The appellant, Rambhau Tulsiram Bhusari, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Jurisdiction Lies Where Cheque Is Presented for Collection. The court held that under Section 138 of the Negotiable Instruments Act, 1881, the place where the cheque is presented for collection is a relevant factor for territorial jurisdiction, and the Magistrate at Mumbai had jurisdiction as the cheques were deposited there.

14 Jun 2013

The petitioners, Sharda Polycolours Private Limited and its directors, were accused in a complaint under Section 138 of the Negotiable Instruments Act...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Proper Service of Notice and Presumption of Liability. The court held that the trial court erred in acquitting the respondent despite proper service of statutory notice and failure to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

7 Sep 2010

The appellant, Deepakrao Yadavrao Gudadhe, filed a criminal appeal challenging the judgment and order dated 5th April 2009 passed by the Judicial Magi...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 NI Act — Rejects Arguments on Repeal of Amending Act, Default Sentence, and Notice Validity. The Court held that the repeal of the amending Act does not affect the provisions, imprisonment in default of compensation is permissible, and service by UPC is sufficient.

30 Sep 2005

The applicant, Mohamed Ali Mulla, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque of Rs. 5,00,000 is...

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