Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Allows Recall and Re-examination of Complainant in NI Act Case to Prove Documents Produced After Cross-Examination. The court held that when documents are allowed to be produced in the interest of justice, the witness must be given an opportunity to prove them, and rejection of such application is not sustainable.

20 Jan 2012

The petitioner, Tukaram Salunkhe, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sahebrao...

High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Order Allowing Additional Evidence in Cheque Dishonour Case. Opportunity for Cross-Examination Preserved, No Prejudice to Accused Under Section 138 Negotiable Instruments Act, 1881.

20 Jan 2012

The petitioner, Karim Hasan Patel, was the accused in a complaint filed by respondent No. 2, Nasir Haji Mohammad Shaikh, under Section 138 of the Nego...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Compromise Cheque Dishonour Leads to Conviction as Accused Failed to Rebut Presumption of Legally Enforceable Debt.

12 Jan 2012

The case involves a criminal appeal filed by the complainant, Damodhar Murlidhar Bajaj, against the acquittal of the accused, Ratan Suryabhan Shinde, ...

High Court

High Court Allows Appeal Against Dismissal of Complaint in Default in NI Act Case — Restoration of Complaint Ordered Due to Sufficient Cause for Absence. Miscommunication Regarding Hearing Date Constitutes Sufficient Cause for Non-Appearance Under Section 138 Negotiable Instruments Act, 1881.

12 Dec 2011

The appellant, The Aurangabad People's Cooperative Bank Ltd., filed a criminal appeal challenging the order dated 4-9-2010 passed by the learned 3rd J...

High Court

Bombay High Court Quashes Conviction in Cheque Dishonour Case Due to Lack of Proper Service of Notice — Service of Demand Notice Under Section 138 NI Act Must Be on the Correct Address of the Drawer.

18 Oct 2011

The petitioner, Pradip S. Dixit, was convicted by the Metropolitan Magistrate, 7th Court, Dadar, Mumbai, for an offence under Section 138 of the Negot...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Dispute Over Asset Acquisition Between Company and Agents Does Not Attract Criminal Liability Under Section 138 of Negotiable Instruments Act, 1881.

3 Oct 2011

The petitioners, Harish Gokuldas Kalantry, Dinesh Gokuldas Kalantry, Sudha Kiran Kalantry, and Kiran Gokuldas Kalantry, filed a Criminal Writ Petition...

High Court

Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Default Under Section 256 CrPC. Technical dismissal for absence of complainant set aside, complaint restored for hearing on merits.

20 Sep 2011

The appellant, Prakash Budha Balbudhe, filed a complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881 against the respondent, Di...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Notice. Notice sent by Under Postal Certificate (UPC) does not satisfy Section 138(b) of Negotiable Instruments Act, 1881.

8 Sep 2011

The applicants, who were original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application befor...

High Court

Bombay High Court Quashes Complaint in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the statutory notice must be sent to the correct address of the accused, and failure to do so renders the complaint not maintainable.

3 Aug 2011

The applicant, Smt. Harjeet Kaur, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the criminal procee...

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