Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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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 Revision Against Acquittal in Negotiable Instruments Act Case — Complainant's Right to Appeal Under Section 378(4) CrPC Not Barred for Filing Revision. The court held that the revisional court can examine the legality and propriety of the acquittal order even if the complainant did not seek leave to appeal, as the revision is maintainable under Section 397 CrPC read with Section 401 CrPC.

11 Apr 2011

The applicant, Maharashtra State Cooperative Marketing Federation Ltd., filed a criminal complaint under Section 138 of the Negotiable Instruments Act...

High Court

Bombay High Court Quashes Sessions Court Order Setting Aside Summons in Cheque Dishonour Case Under Section 138 NI Act. Unregistered Partnership Firm's Complaint Under Section 138 Negotiable Instruments Act Not Barred by Section 69(2) Indian Partnership Act and Magistrate Need Not Hold Inquiry Under Section 202 CrPC When Accused Reside Outside Jurisdiction if Complaint Verified on Oath.

6 Oct 2021

The matter arose from a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed by the applicant partnership firm through...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal for Non-Examination of Complainant's Witness. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; trial court erred in acquitting solely due to non-examination of complainant's power of attorney holder.

31 Jan 2019

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 agains...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

High Court

Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

16 Jul 2012

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

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

Gujarat High Court Allows Revision Against Return of Complaint for Lack of Territorial Jurisdiction in Cheque Dishonour Case. The court held that the Magistrate must record reasons before returning a complaint and that the place of cheque presentation is relevant for jurisdiction under Section 138 of the Negotiable Instruments Act, 1881.

23 Mar 2026

The present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) was filed by Shriram Transport...

High Court

Bombay High Court Dismisses Appeal in Negotiable Instruments Act Case — Acquittal Upheld Due to Rebuttal of Presumption and Procedural Violations. The appellate court correctly set aside conviction as accused rebutted presumption under Section 139 NI Act and trial court violated Sections 357(1) and 30 Cr.P.C.

17 Mar 2023

The case involves a criminal appeal filed by the complainant against the acquittal of the accused by the City Civil Court, Mumbai, which set aside the...

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