Search Results for "Section 138 NI Act"

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High Court Quashes Process Against Accused in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction and Limitation Bar. Complaint Filed Beyond Limitation After Return for Want of Jurisdiction Cannot Be Entertained Without Fresh Cognizance.

The applicants, original accused Nos. 2 to 4, challenged the order dated 18.06.2016 passed by the Judicial Magistrate First Class, Gangapur, issuing p...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Prima Facie Case Against Applicants. Court holds that mere issuance of cheque without existing debt or liability does not attract offence under Section 138 of Negotiable Instruments Act, 1881.

The applicants, Sanjay Hapgunde and Pradip Kalyane, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qu...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be at the correct address; notice sent to a closed office address is invalid.

The petitioners, Mukeshbhai Balabhai Patel and his wife Ranjanben, filed a writ petition under Article 226 of the Constitution of India read with Sect...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that once the cheque and signature are admitted, the presumption of a legally enforceable debt arises, and the accused must rebut it with evidence.

The appellant, Vandana Pandey, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abhilasha Pande, al...

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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

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Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...