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Search Results for "section 138 ni act"

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High Court

Bombay High Court Quashes Process in Negotiable Instruments Act Case Due to Non-Discharge of Initial Burden by Complainant. The court held that the complainant failed to prove the existence of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881, and therefore the criminal proceedings were an abuse of process.

5 Aug 2011

The applicant, Santdas Sadoromal Chawla, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order is...

High Court

Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

29 Aug 2011

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

High Court

Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Foundation in Cross-Examination. Accused's Application Under Section 482 CrPC Allowed as Trial Court's Order Was Without Basis.

1 Aug 2011

The applicant, Simratmal Hiralal Gandhi, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by r...

High Court

Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Cross-Examination Foundation. Accused Failed to Cross-Examine Complainant on Alleged Material Alteration Before Seeking Expert Opinion Under Section 45 of Indian Evidence Act, 1872.

1 Aug 2011

The applicant, Simratmal s/o Hiralal Gandhi, original accused no.2 in Summary Trial Case No. 5065/2007, filed a criminal application under Section 482...

High Court

Bombay High Court Allows Accused's Petition to Recall Complainant's Evidence in Cheque Dishonour Case — Right to Cross-Examination Upheld. Failure to Provide Opportunity to Cross-Examine Complainant's Evidence Amounts to Violation of Principles of Natural Justice Under Section 138 of Negotiable Instruments Act, 1881.

4 Aug 2011

The petitioner, Nandkumar Rajkumar Harane, was the original accused in a complaint filed by respondent Vishwas Vilasrao Kshirsagar under Section 138 o...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Prima Facie Case Against Family Members. Court holds that mere relationship with the drawer of a cheque does not attract vicarious liability under Section 138 of the Negotiable Instruments Act, 1881 without specific allegations of involvement in the transaction.

11 Aug 2011

The petitioners, 22 individuals who are family members of the drawer of a dishonoured cheque, filed a criminal writ petition under Article 226 of the ...

High Court

Bombay High Court Dismisses Quashing Petition in Cheque Dishonour Case, Holds That Legally Enforceable Liability Is a Mixed Question of Fact and Law Not Decided Under Section 482 CrPC. The Court Refused to Quash Summary Criminal Case No. 549 of 2009 Under Section 138 of the Negotiable Instruments Act, 1881, Relying on Presumptions Under Sections 118 and 139 of the NI Act.

25 Jul 2011

The applicant, Prashant Belsare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Summary C...

High Court

Bombay High Court Allows Restoration of Complaint Under Section 138 of Negotiable Instruments Act Despite Dismissal for Default — Magistrate Has Inherent Power to Restore Complaint Dismissed Under Section 256 CrPC

28 Jul 2011

The applicant, Ramdas Bhagwan Bankar, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, K...

High Court

Bombay High Court Dismisses Revision Applicant's Challenge to Quashing of Process in Cheque Dishonour Case — Territorial Jurisdiction for Section 138 NI Act Lies Where Drawee Bank Is Situated. The court upheld the Sessions Judge's order that the complaint filed at Nagpur was not maintainable as the cheques were drawn on a bank in Mumbai, and the offence under Section 138 of the Negotiable Instruments Act, 1881 is completed at the place of the drawee bank.

28 Jul 2011

The case involves a criminal revision application filed by Mrs. Arti d/o Amar Pandey challenging an order dated 30th October 2010 passed by the Additi...

High Court

Bombay High Court Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal.

1 Jul 2011

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 20...

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