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Search Results for "cheque payment"

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High Court

High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Set Aside Due to Failure to Prove Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt, as the loan was advanced to a third party and not to the accused.

15 Apr 2015

The petitioner, S K Chand Basha, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque. The complainant, S...

High Court

Bombay High Court Quashes Order Returning Complaint Under Section 138 Negotiable Instruments Act, Holds Nagpur Court Has Jurisdiction. Presentation of Cheque at Collecting Bank in Nagpur and Non-Payment After Demand Notice Confers Territorial Jurisdiction Under Sections 178 and 179 CrPC Relying on Preetha v. Voltas Ltd.

9 Dec 2011

The complainant, a non-banking finance company, had its regional office at Nagpur and provided a loan to the accused for purchase of a vehicle. The ac...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

11 Oct 2019

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Complaint in Cheque Dishonour Case Under Section 138 NI Act. Revisional Court's Order Allowing Amendment to Add Partnership Firm as Accused Upheld as No Prejudice Caused.

28 Apr 2023

The case arises from a criminal writ petition filed by the petitioners (original accused and the partnership firm) challenging the judgment and order ...

High Court

Bombay High Court Quashes Process Against Wife in Cheque Dishonour Case for Professional Fees — No Vicarious Liability Without Specific Role in Issuance of Cheque. The court held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, a spouse cannot be held liable merely on the basis of relationship or general participation in communications; specific averments of being in charge of business are required.

21 Aug 2019

The petitioner, Alka Khandu Avhad, wife of Khandu Kacharu Avhad, challenged an order dated 23/02/2018 passed by the learned Metropolitan Magistrate, 4...

High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Resignation Prior to Cheque Issuance and Absence of Specific Averments Under Section 141 NI Act Lead to Quashing Under Section 482 CrPC.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by Bhagirath Chandulal Arya (respondent No. 1) under Section ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

4 Feb 2016

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony was not corroborated and recovery of tainted money was not proved beyond reasonable doubt.

22 Jan 2024

The appellant, Ramesh Tukaram Waghmare, was a District Social Welfare Officer at Zilla Parishad, Wardha, and was the sanctioning authority for grant-i...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

26 Sep 2013

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

High Court

Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

10 May 2024

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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