Search Results for "cheque dishonour"

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Supreme Court Allows Appeal in Negotiable Instruments Act Case Against High Court's Quashing of Summoning Order. High Court Erred in Adjudicating Time-Barred Debt Issue at Summoning Stage Under Section 482 CrPC as Limitation is Mixed Question of Law and Fact Requiring Evidence.

The Supreme Court heard an appeal by the original complainant challenging the Delhi High Court's order that quashed a summoning order in a cheque dish...

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Supreme Court Allows Appeal by Complainant Bank, Restores Criminal Proceedings Quashed by High Court. High Court Erred in Quashing Charge-Sheet Solely Because Other Alleged Co-Accused Were Not Arraigned; Section 319 CrPC Provides Remedy to Array Additional Accused During Trial.

The appellant, M/s Suvarna Cooperative Bank Ltd, filed a complaint under Section 200 CrPC before the Additional Chief Metropolitan Magistrate, Bangalo...

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Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Legal Notices Permissible Under Section 138 of Negotiable Instruments Act. Delay in Filing Complaint Condoned as Sufficient Cause Shown.

The dispute arose from two cheques drawn on the State Bank of India for Rs 36,00,000 and Rs 13,00,000, which were dishonoured and returned unpaid unde...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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Supreme Court Quashes Complaint Against Director in Cheque Dishonour Case for Non-Joinder of Company. Prosecution under Section 138 NI Act cannot proceed without arraigning the company as an accused, and notice of demand must be served on the company.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent against the appellant, Himanshu, alleg...