Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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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

Gujarat High Court Allows Revision Against Magistrate's Order Returning Complaint for Lack of Territorial Jurisdiction in Cheque Dishonour Case. The Court Held That the Magistrate Erred in Returning the Complaint as the Cheque Was Drawn on a Bank Branch Within His Jurisdiction Under Section 142 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

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to lead evidence or cross-examine complainant results in conviction.

26 Nov 2019

The appellant, Sathisha B.A., filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order...

High Court

High Court of Bombay at Goa Allows Criminal Writ Petition Seeking Concurrent Sentences Under Section 427 CrPC in Cheque Dishonour Cases. Sentences of Imprisonment Under Section 138 of Negotiable Instruments Act, 1881 Directed to Run Concurrently Considering Totality of Circumstances.

11 Sep 2019

The petitioners, Mr. Krishna Venkatesh and Carl David Holiday Resorts Pvt. Ltd., were convicted by the Judicial Magistrate First Class at Mapusa, Goa,...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

16 Aug 2019

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

High Court

Bombay High Court Allows Revision in Cheque Dishonour Case for Compensation Enhancement. Court holds that discretion to award compensation under Section 138 of Negotiable Instruments Act must be exercised judiciously to fulfill legislative intent.

26 Feb 2019

The applicants/complainants filed a criminal revision against the judgment of the Judicial Magistrate First Class, Nagpur, which convicted the accused...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court restored conviction under Section 138 Negotiable Instruments Act, 1881 for dishonour of two cheques of Rs.1 lakh each.

29 Apr 2016

The appellant, M/s Radhesham Laxminarayan and Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 aga...

High Court

Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Failure to Prove Service of Statutory Notice. Complainant's failure to examine postal witness and produce acknowledgment card renders notice service unproven under Section 138 of Negotiable Instruments Act, 1881.

7 Sep 2015

The appellant, M/s. Lloyds Metals & Engineers Ltd., filed a criminal appeal against the judgment dated 31st March 1998 passed by the Judicial Magistra...

High Court

Bombay High Court Allows Complaint by Constituted Attorney in Dishonour of Cheque Case — Reinstates Process Quashed by Sessions Court. Constituted Attorney Can File Complaint Under Section 138 of Negotiable Instruments Act, 1881 on Behalf of Payee.

18 Aug 2010

The petitioner, Vilas Baliram Sawant, filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which quashed the ...

High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

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