Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

Madras High Court (Madurai Bench) Dismisses Defendant's Second Appeal in Promissory Note Recovery Suit — Execution Admitted, Presumption Not Rebutted. Presumption under Section 118 Negotiable Instruments Act, 1881 not rebutted; rejection of additional evidence under Order 41 Rule 27 CPC upheld.

10 Jul 2026

The dispute arose from a suit for recovery of money based on a promissory note dated 25.06.2007 executed by the defendant in favor of the plaintiff. T...

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 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

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. The court held that once the accused admits his signature on the cheque, the presumption of a legally enforceable debt arises under Section 139 of the Act, and the accused must rebut it.

28 Jul 2015

The appellant, Kayam Kaderbhai Nagree, was the original complainant in two complaints under Section 138 of the Negotiable Instruments Act, 1881, again...

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

Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Lack of Proof of Debt. Security Cheque for Future Sponsorship Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

25 Sep 2014

The appellant, Smt. Ranju Batra, proprietor of M/s Admark Incorporated, filed two criminal appeals against the acquittal of respondent no. 1, Bhushan ...

High Court

Bombay High Court Allows Accused's Petition in Section 138 NI Act Case — Summons to Accused to Produce Documents Quashed as Violative of Right Against Self-Incrimination. The court held that a complainant cannot compel the accused to produce documents in his custody to rebut the defence, as it infringes Article 20(3) of the Constitution.

19 Jun 2013

The petitioner, Mahendrakumar Kanhyalal Jain, was the accused in Summary Criminal Case No. 3061/2003 pending before the Judicial Magistrate, First Cla...

High Court

Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

25 Jul 2012

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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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