Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

Bombay High Court Modifies Oppressive Bail Conditions in Section 138 NI Act Case — Personal Bond Without Surety Sufficient. The court held that in summons cases under Section 138 of the Negotiable Instruments Act, 1881, execution of personal bond and surety bond is not a condition precedent for trial, and Magistrates must not fix oppressive amounts based on the cheque amount.

20 Mar 2015

The applicants, Subhash Atmaram Sharma and Mayur Jitendra Shah, were facing trial for an offence under Section 138 of the Negotiable Instruments Act, ...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Summary Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Magistrate Erred in Dismissing Complaint Without Considering Evidence on Record. The Court Held That the Magistrate Must Apply Judicial Mind and Examine the Complainant Before Dismissing a Complaint Under Section 138 of NI Act.

5 Feb 2024

The petitioner, A Adinarayana Reddy, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Cou...

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 the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

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 proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Madras High Court Allows Appeal in Recovery Suit Based on Promissory Note — Discrepancies in Plaintiff's Evidence and Failure to Prove Execution Lead to Dismissal of Suit. The Court held that the plaintiff failed to discharge the initial burden of proving the execution of the promissory note and the consideration, and the discrepancies in the plaintiff's evidence created doubt about the genuineness of the loan transaction.

29 Jun 2026

The appeal arises from a suit for recovery of money filed by the plaintiff, a money lender, against the defendants based on a promissory note dated 05...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

High Court

Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil.

18 Jun 2021

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal app...

High Court

High Court of Judicature at Bombay Considers Application Under Section 482 CrPC Seeking Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881. Applicant Challenges Vicarious Liability Under Section 141 and Compliance with Section 202 CrPC Inquiry in Cheque Dishonour Case.

13 Oct 2017

The applicant preferred a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the proceedings in a complaint u...

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