Search Results for "Section 138 NI Act"

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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Bombay High Court Grants Leave to Appeal in NI Act Case Due to Denial of Adjournment — Trial Court's Rejection of Adjournment Without Considering Advocate's Engagement Violated Principles of Natural Justice

The applicant, Dhule Shahar Kirana va Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, through its representative Suresh Sahebrao Jadhav, filed a c...

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Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act Due to Technical Acquittal. Dismissal under Section 256 CrPC for absence of complainant is technical, warranting restoration of complaint.

The applicant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent (original accused) f...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice on Accused.

The petitioner, Jogen C. Thakkar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of C...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...