Search Results for "Section 138 NI Act"

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Madras High Court Allows Compounding of NI Act Offence, Sets Aside Conviction in Cheque Bounce Case. Parties Settle Dispute Amicably Leading to Acquittal of Accused Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Kamlesh Odhavdas Purohit, was convicted by the Fast Track Court No.II (Magisterial Level), Erode on 07.10.2021 in S.T.C.No.694 of 2018...

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Gujarat High Court Dismisses Petition to Quash Cheque Dishonour Complaint, Holding Complaint Not Premature Under Section 138 NI Act. Complaint Filed After Expiry of 15-Day Notice Period, Thus Maintainable.

The petitioner, Padamsingh Dhulsingh Sisodiya, filed a petition under Articles 226 and 227 of the Constitution of India seeking quashing of Criminal C...

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Gujarat High Court Quashes Complaint in Cheque Dishonour Case Due to Premature Filing Before Expiry of 15-Day Notice Period Under Section 138 NI Act. Complaint Filed on 12.10.2022, Notice Served on 29.08.2022, Violating Mandatory Waiting Period.

The petitioner, Padamsingh Dhulsingh Sisodiya, filed a petition under Articles 226 and 227 of the Constitution of India seeking quashing of Criminal C...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Inducement. Section 420 IPC requires deception from inception; mere failure to pay after cheque dishonour does not constitute cheating.

The petitioner, Sanjaykumar Kasliwal, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of FIR No. 86 of ...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by speed post but not delivered to the accused's correct address, failing to meet the requirements of Section 138 of the Negotiable Instruments Act, 1881.

The applicants, who are the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application before the ...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Complainant's Persistent Absence. Trial Court's Dismissal Under Section 256 CrPC for Non-Prosecution Upheld as Complainant Failed to Appear Despite Multiple Opportunities.

The case involves a criminal application filed by Suwalal Chaganlal Bafna (the applicant/accused) against the State of Maharashtra and Dr. Sachin Shar...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice Sent to Wrong Address Invalidates Presumption Under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, who are family members, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 54...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as the cheques were not issued for discharge of any legally enforceable debt.

The applicants, eleven individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No....