Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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Supreme Court

Supreme Court Dismisses Appeal of Accused in Cheque Dishonour Case — Upholds Conviction Under Section 138 NI Act for Security Deposit Refund. Cheques Issued for Refund of Security Deposit Under Lease Agreement Constitute Legally Enforceable Debt; Compensation Enhanced to Full Deposit Amount.

4 Mar 2025

The case arises from a lease-cum-rent agreement dated 12th May 2014 between the appellant-accused (landlord) and the respondent-complainant (tenant) f...

High Court

Bombay High Court Dismisses Petition Challenging Clubbing of Dishonour of Two Cheques in Single Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Held That Separate Causes of Action Do Not Necessitate Separate Complaints When Cheques Are Part of Same Transaction and Presented Within Limitation.

6 Feb 2018

The petitioner, Umakant Dattatray Chakkarwar, was being tried for dishonour of two cheques dated 21/10/2014 and 27/10/2014, each for Rs.80,000/-, issu...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

31 Jan 2018

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice sent by speed post but not delivered to correct address; court holds that service of notice is mandatory under Section 138 of Negotiable Instruments Act, 1881.

12 Dec 2017

The petitioner, Salim s/o Jilani Qureshi, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the C...

High Court

Bombay High Court Quashes Criminal Proceedings Against Applicant in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

7 Dec 2017

The applicant, Prafulla Purushottam Gadge, filed five criminal applications under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking q...

High Court

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 Negotiable Instruments Act, 1881 must be proved by cogent evidence; mere endorsement of 'refused' on returned envelope is insufficient.

30 Nov 2017

The applicants, Madan Shankar Bhivsane and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

High Court

Bombay High Court Quashes Criminal Proceedings Against Government Engineers in Cheque Dishonour Case — Absence of Vicarious Liability Under Negotiable Instruments Act. Directors or Employees Not Named in Complaint Cannot Be Prosecuted Under Section 138 NI Act Without Specific Allegations of Role in Company Affairs.

18 Nov 2017

The judgment concerns four criminal applications filed by government engineers (Avinash Trimbakrao Dhondage, Shankar Vitthalrao Totawar, Mohan Vasantr...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Allows Additional Evidence in NI Act Case — Dissolution of Partnership Firm Relevant for Liability Under Section 138. The court set aside the appellate court's rejection of an application under Section 391 CrPC to lead evidence of dissolution of the partnership firm, holding that such evidence is necessary for a just decision.

26 Sep 2017

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, were convicted by the trial court and sent...

High Court

Bombay High Court Quashes Criminal Proceedings Against Company and Directors in Cheque Dishonour Case — Lack of Evidence of Mens Rea and Vicarious Liability. Court holds that mere issuance of cheque by a company employee without authorization or knowledge of directors does not attract Section 138 of Negotiable Instruments Act, 1881 against the company or its directors in absence of specific averments and proof of involvement.

27 Jul 2017

The petitioners, M/s Dream Logistics India Pvt. Ltd. and its directors, filed a criminal writ petition under Articles 226 and 227 of the Constitution ...

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