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Search Results for "Cheque bounce"

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High Court

High Court of Karnataka Quashes Proceedings in Cheque Bounce Case Involving Rs. 2 Crore Cash Loan — Finds Complaint Barred by Limitation and Lacks Prima Facie Case Under Section 138 NI Act. The court held that the complaint was an abuse of process as the transaction was improbable and the complaint was filed beyond the limitation period.

17 Feb 2022

The petitioner, Smt. Vijaya, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

8 Sep 2023

The complainant, M/s Bagalkot Cement and Industries Limited (formerly Kanoria Industries Limited), a public limited company manufacturing cement, file...

High Court

High Court of Bombay at Goa Allows Revision in Cheque Bounce Case, Holding Benami Transaction Does Not Bar Prosecution Under Section 138 NI Act. The court restored the Magistrate's order issuing process, ruling that the existence of a legally enforceable debt is a triable issue and cannot be decided summarily at the stage of process.

24 Nov 2006

The petitioner, Mohamad Naushad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Anthony Carvalho,...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

Bombay High Court Upholds Conviction in Cheque Bounce Case Due to Failure to Rebut Presumption. Accused's Failure to Enter Witness Box and Lead Evidence Results in Confirmation of Conviction Under Section 138 of Negotiable Instruments Act, 1881.

22 Dec 2018

The case involves a criminal revision application filed by the accused, Amol @ Jolly Shrichand Kungwani, challenging his conviction under Section 138 ...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 Not Attracted as Complainant Failed to Establish Legally Enforceable Debt or Liability.

16 Aug 2023

The case arises from a criminal revision petition filed by the accused, S.S. Ramesh, challenging his conviction under Section 138 of the Negotiable In...

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 Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

14 Mar 2019

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

31 Mar 2021

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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