Search Results for "notice under section 138"

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Search Results for "notice under section 138"

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High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

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 Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

29 Aug 2011

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

10 Feb 2026

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

27 Feb 2019

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High Court

KAHC010028192013_1

26 Sep 2014

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High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

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