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Search Results for "cheque payment"

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High Court

Bombay High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Case — Attachment by Crime Branch Not Covered Under Section 138 NI Act. Cheque dishonour due to bank account attachment by Crime Branch does not constitute an offence under Section 138 of the Negotiable Instruments Act, 1881 as it is not a dishonour for insufficiency of funds or arrangement.

22 Mar 2011

The appellant, Ashish Parikh, proprietor of Parikh Investments, filed a criminal application seeking leave to appeal against an order of acquittal pas...

High Court

High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

28 Sep 2021

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

High Court

High Court of Bombay Enhances Sentence for Cheque Dishonour Offence Under Section 138 of the Negotiable Instruments Act, 1881. Court Rules That Flee-Bite Sentence Defeats Purpose of Enactment When Cheque Amount Remains Unpaid, and Enhances Fine to Ensure Payment to Complainant.

29 Jun 2012

The case arose from a criminal revision application filed before the High Court of Judicature of Bombay, Bench at Aurangabad, challenging the adequacy...

High Court

High Court Dismisses Contempt Petition Against ESI Corporation and RBI Officials — Recovery Action Against Bank for Suppression of Funds Not in Violation of Stay Order. Stay Order Restraining Recovery from Petitioner Did Not Bar Independent Proceedings Against Third Party Bank Under Sections 45-G and 45-H of ESI Act, 1948.

18 Dec 2006

The petitioner, proprietor of Shivraj Builders & Developers and partner in Hotel Shivraj and Shivraj Bhojnalaya, challenged the applicability of the E...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

20 Apr 2021

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2025

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

13 Jun 2023

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

23 Nov 2020

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

High Court

Bombay High Court Upholds Insurance Company Liability in Motor Accident Claim Despite Dishonoured Cheque — Insurer Must Pay Third Party Compensation and Recover from Insured. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation to a third party even if the policy was cancelled due to dishonour of premium cheque, as the cancellation was not communicated to the third party.

26 Jul 2017

The case arises from a motor accident claim where the appellant, National Insurance Company Ltd., challenged the award of the Motor Accident Claims Tr...

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