Search Results for "Dishonoured cheques"

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Search Results for "Dishonoured cheques"

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High Court

High Court denied to Quash Criminal Proceedings Against Applicants in Negotiable Instruments Act

10 Feb 2026

The High Court of Bombay heard three consolidated criminal applications challenging the dismissal of revision applications against issuance of process...

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

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. The court held that the appellate court erred in reversing the trial court's conviction without considering the mandatory presumption under Section 139 of the Negotiable Instruments Act, 1881 and the validity of notice under Section 138.

8 Sep 2023

The case involves two criminal revision petitions filed by M/s. Nazama Traders (petitioner) against M/s. Arihant Marketing (respondent) under Section ...

High Court

High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

22 Oct 2019

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

High Court

Bombay High Court Allows Appeal in Summary Suit for Recovery of Goods Supplied — Limitation Period Computed from Date of Default, Not Invoice Date. The court held that the suit for recovery of price of goods was within limitation as the cause of action arose on the date of default, i.e., 30 days after the last invoice, and the suit was filed within three years.

20 Dec 2018

The appellant, Nova Flexipack (P) Ltd., a company registered under the Companies Act, 1956, filed a summary suit for recovery of Rs.21,79,218/- from t...

High Court

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.

7 Jul 2011

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

High Court

High Court of Bombay at Goa Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption that the cheques were issued for a legally enforceable debt, and the trial court's acquittal was erroneous.

19 Oct 2006

The case involves a criminal appeal filed by the complainant, Shanaz D'Souza, against the acquittal of the accused, Sheikh Ameer Saheeb, under Section...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

6 Jul 2006

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

22 Nov 2005

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

High Court

Bombay High Court Dismisses Suit for Malicious Prosecution — Plaintiff Fails to Prove Malice and Absence of Reasonable and Probable Cause. The court held that the plaintiff must establish both malice and lack of reasonable and probable cause for the prosecution, and that the acquittal in the criminal case does not automatically entitle the plaintiff to damages.

27 Apr 2005

The plaintiff, Shyam Sunder Bubna, filed a suit for malicious prosecution against M/s. Savani Transport Private Limited and its branch manager, Akhtar...

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