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Search Results for "drawee bank jurisdiction"

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Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

High Court of Bombay at Goa Allows Criminal Writ Petition in Negotiable Instruments Act Case — Complaint Refiled Within 30 Days of Return Deemed Within Limitation. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, returned for lack of jurisdiction and refiled within 30 days of return, is deemed to be within limitation if the original complaint was filed within limitation.

20 Jun 2017

The petitioner, The Bicholim Urban Co-operative Bank Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respon...

High Court

Bombay High Court Dismisses Petition Challenging Forfeiture of Gratuity for Bank Employee Found Guilty of Financial Irregularities. Disciplinary Inquiry Sufficient for Forfeiture Under Section 4(6) of Payment of Gratuity Act, 1972; Acts Amount to Wilful Omission and Moral Turpitude.

11 Apr 2017

The petitioner, Nanubhai Nichhabhai Desai, worked as a clerk with UCO Bank for over 31 years. His services were terminated by compulsory retirement wi...

High Court

Bombay High Court Allows Applicants' Challenge to Territorial Jurisdiction in Section 138 NI Act Complaints. Cheques Drawn on Mumbai Bank Cannot Be Tried at Aurangabad Despite Deposit There.

5 Feb 2014

The applicants, Naveen Luthra and Arun Luthra, were accused in two complaints filed by respondent no.1, AVR Logistic Pvt. Ltd., under Section 138 of t...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection.

11 Dec 2013

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of...

High Court

Bombay High Court Allows Leave to Appeal in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Court holds that dishonour of cheque on ground of 'account closed' constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the complainant need not prove that the cheque was presented within validity period if the accused fails to raise the issue at trial.

14 Oct 2013

The applicant, M/s. V. A. Enterprises, through its proprietor Ashok Pundalik Suryavanshi, filed a criminal application seeking leave to appeal against...

High Court

Bombay High Court Dismisses Revision Applicant's Challenge to Quashing of Process in Cheque Dishonour Case — Territorial Jurisdiction for Section 138 NI Act Lies Where Drawee Bank Is Situated. The court upheld the Sessions Judge's order that the complaint filed at Nagpur was not maintainable as the cheques were drawn on a bank in Mumbai, and the offence under Section 138 of the Negotiable Instruments Act, 1881 is completed at the place of the drawee bank.

28 Jul 2011

The case involves a criminal revision application filed by Mrs. Arti d/o Amar Pandey challenging an order dated 30th October 2010 passed by the Additi...

High Court

Bombay High Court Allows Writ Petition in Cheque Dishonour Case, Holding Mumbai Court Has Jurisdiction. Presentation of cheque at complainant's bank in Mumbai constitutes part of cause of action under Section 138 of Negotiable Instruments Act, 1881.

17 Jun 2010

The petitioner, M/s. Ruchi Soya Industries Ltd., filed a criminal writ petition challenging an order of the Special Metropolitan Magistrate, Mumbai, d...

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