Search Results for "dishonored cheques"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "dishonored cheques"

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High Court

Bombay High Court Allows Revision Against Condition of 20% Deposit for Suspension of Sentence in Negotiable Instruments Act Case. Court holds that while appellate court can impose conditions for suspending sentence, directing deposit of 20% of compensation without considering appellant's financial capacity and without providing reasons is unsustainable.

14 Oct 2025

The petitioner, Rashmikant Zaverchand Shah, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 3...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption of Legally Enforceable Debt Under Section 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision Under Sections 397 and 401 of Code of Criminal Procedure, 1973.

11 Jul 2024

The revision petitioner, D.B. Jatti, was convicted by the XX Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No. 17696/2013 for the offen...

High Court

High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

18 Nov 2022

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case, Reversing Acquittal Based on Technical Defects in Complaint Format. The Court held that a complaint filed by a company's Managing Director describing himself as such in the cause title, accompanied by a Board Resolution authorizing him to file the complaint, satisfies the requirement under Section 142(a) of the Negotiable Instruments Act, 1881, that the complaint must be made by the payee or holder in due course.

10 Nov 2021

The dispute arose from the dishonour of eight cheques totaling Rs. 1,60,000 issued by Dayashankar Prasad Chaurasia in favor of M/s. Bell Marshall Tele...

Supreme Court

Supreme Court Allows Appeal in Recovery Suit Based on Loan Transaction — High Court Erred in Reversing Trial Court's Dismissal Without Proper Appreciation of Evidence. The Court held that the High Court's findings were conjectural and based on inadmissible documents, and that the plaintiff failed to prove that the loan amount was not returned.

20 Jan 2020

The case involves a dispute between Surendra Kerdile (plaintiff/respondent) and his nephew Sanjay, who is the sole proprietor of M/s Fair Communicatio...

High Court

High Court of Karnataka Allows Petition to Lead Secondary Evidence in NI Act Case — Section 65 of Evidence Act Invoked for Lost Cheques. The Court held that when original cheques are lost, secondary evidence is permissible under Section 65 of the Indian Evidence Act, 1872, and the courts below erred in rejecting the application.

30 May 2018

The petitioner, Sri R. Lakshminarasimha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the orders d...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

Bombay High Court Quashes Process in Negotiable Instruments Act Case Due to Non-Discharge of Initial Burden by Complainant. The court held that the complainant failed to prove the existence of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881, and therefore the criminal proceedings were an abuse of process.

5 Aug 2011

The applicant, Santdas Sadoromal Chawla, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order is...

High Court

Bombay High Court Dismisses Petition to Quash NI Act Proceedings — Territorial Jurisdiction of Magistrate Upheld for Cheque Dishonour Case. Court holds that under Section 138 of Negotiable Instruments Act, 1881, the Magistrate at Mumbai has jurisdiction as the cheques were presented for encashment at Mumbai and the complainant's office is located there.

22 Mar 2011

The petitioner, Vinod Laxman Das Kinger, proprietor of M/s. Kinger India, filed an application under Section 482 of the Code of Criminal Procedure, 19...

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