Search Results for "Section 138 NI Act"

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Bombay High Court Upholds Conviction in Cheque Bounce Case Due to Failure to Rebut Presumption. Accused's Failure to Enter Witness Box and Lead Evidence Results in Confirmation of Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Amol @ Jolly Shrichand Kungwani, challenging his conviction under Section 138 ...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Court Held That Stopping Payment of Cheque Issued as Security for Loan Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two appeals filed by the complainant, M/s. Biharilal Ramnarayan Mantri (HUF), against the acquittal of the accused, Shri Anil Narott...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Notice sent by Under Postal Certificate (UPC) is not valid service under Section 138 of Negotiable Instruments Act, 1881.

The present petition was filed by the original accused, Digambar Abhiman Gondwale and Jayshree Abhiman Gondwale, under Section 482 of the Code of Crim...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Notice Sent by Registered Post Not Proved to Have Been Served on Accused.

The petitioners, Sanjay Kashinath Agrawal and Ramakant Vasantlal Agrawal, were original accused nos. 3 and 19 in a complaint filed by Manik Vanaji Gaw...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice returned 'not claimed' does not constitute deemed service under Section 138 of the Negotiable Instruments Act, 1881, and proceedings are an abuse of process.

The applicants, Sanjay Pukhraj Parikh and Anita Sanjay Parikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973,...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt or Liability. Acquittal of Accused Under Section 138 of Negotiable Instruments Act, 1881 Upheld as Complainant Did Not Establish Legally Enforceable Debt.

The appellant, Nupur Sales Corporation, filed a criminal appeal against the judgment and order dated 19.06.2015 passed by the Judicial Magistrate Firs...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Settlement Between Parties — Compromise Reached Under Section 138 of Negotiable Instruments Act, 1881

The petitioners filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal P...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of valid demand notice is a prerequisite for offence under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal applications filed by the applicants (original accused) seeking quashing of FIR No. 0033 of 2018 and connected proceedi...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt and Limitation Bar. Complaint Filed Beyond One Month and Without Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881.

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 0033 o...