Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

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 Cheque Dishonour Case: Successive Presentation and Statutory Notice Permissible Under Section 138 NI Act. The Court held that a complaint based on a second statutory notice after successive dishonour of cheques is maintainable, following the ratio in MSR Leathers v. S. Palaniappan.

8 Jan 2019

The appellant, M/s. Sicagen India Ltd., filed criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, ...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Appellate Court Erred in Reversing Conviction Based on Improper Appreciation of Evidence and That the Presumption Under Section 139 of the N.I. Act Was Not Rebutted.

2 May 2017

The appellant, Ms. Anu Tripathi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that a cheque dated 20.09.2009 ...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

16 Jul 2015

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

High Court

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

17 Jun 2014

The petitioner, Kishinbhagwan R. Sharma, challenged the order dated 17.03.2012 passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier...

High Court

Bombay High Court Upholds Decree in Summary Suit Based on Dishonoured Cheque — Insufficient Funds Endorsement Establishes Liability Under Negotiable Instruments Act. Directors of Company Held Jointly and Severally Liable for Cheque Amount with Interest.

20 Mar 2014

The respondent, M/s S.P. Fabritech, filed a summary suit (Regular Civil Suit No.58 of 2011) against the appellants, M/s Aarti InfraProjects Pvt. Ltd. ...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

Bombay High Court Dismisses Petitions by Directors Challenging Process in Cheque Dishonour Cases — Directors Held Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881

17 Aug 2012

The petitioners, Suresh Motwani (Chairman) and Kishore Motwani (Director) of Sun Earth Ceramics Ltd., challenged the issuance of process against them ...

High Court

High Court of Bombay at Goa Allows Complainant's Revision in Cheque Bouncing Case, Restores Order Issuing Process Against Accused. Sessions Court Erred in Holding Cheque Was Given as Security Without Trial.

19 Oct 2006

The complainant, M/s Travel Force, a division of M/s Hede Consultancy Co. Ltd., filed a criminal complaint against Dr. Mohan N. Bhave under Section 13...

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