Search Results for "insufficient funds"

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Search Results for "insufficient funds"

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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 Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Quashes Summons Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments Under Section 141 NI Act. Complaint under Section 138 of Negotiable Instruments Act, 1881 failed to allege that directors were in charge of and responsible for company's business at time of offence, making vicarious liability unsustainable and proceedings an abuse of process.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions against a common High Court judgment that dismissed petitions u...

Supreme Court

Supreme Court Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Due to Misapplication of Presumption Under Section 139 of Negotiable Instruments Act. The Court held that once issuance of cheque and signature are admitted, the presumption of legally enforceable debt arises, and the accused must lead evidence to rebut it.

14 Feb 2020

The appellant, APS Forex Services Pvt. Ltd., a foreign exchange business, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

4 Oct 2019

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

Supreme Court

Supreme Court Upholds Conviction Under Section 138 NI Act Despite Handwriting Expert Opinion — Accused's Failure to Enter Witness Box and Explain Cheque Possession Proves Fatal

19 Sep 2019

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by T.N. Channakeshava (respondent) against M. Abbas...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

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