Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Dismisses Revision Petition by Bank Officials Against Order Taking Cognizance in Cheque Dishonour Case — Complaint Not Barred by Limitation Under Section 138 of Negotiable Instruments Act, 1881. The court held that the limitation period under Section 142(b) of the N.I. Act is one month from the date of receipt of notice, and the complaint filed within that period is valid.

13 Dec 2019

The petitioners, who are officials of the State Bank of India (formerly State Bank of Mysore), filed a Criminal Revision Petition under Section 397 re...

High Court

High Court of Karnataka Quashes Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that the complainant failed to prove service of demand notice on the accused company, which is a prerequisite for an offence under Section 138 of the Negotiable Instruments Act, 1881.

13 Dec 2019

The petitioner, M/s. J.M. Financial Asset Management Ltd., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seekin...

High Court

High Court of Karnataka Allows Revision Petition in NI Act Case — Permits Complainant to Lead Further Evidence and Mark Xerox Copy of Postal Acknowledgment. The court held that the trial court erred in dismissing applications under Section 311 CrPC and Section 63 Evidence Act, as the postal acknowledgment was crucial to prove service of legal notice under Section 138 NI Act.

12 Dec 2019

The petitioner-complainant, Sri S Sudarshan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Proced...

High Court

High Court of Karnataka Dismisses Petition to Quash Cheque Dishonour Proceedings Under Section 138 NI Act — RTI Reply Not Sufficient to Disprove Cheque Issuance at Quashing Stage. The court held that an RTI reply stating the cheque is not in the bank's inward register is not a certified document and its veracity requires trial, thus not a ground to quash proceedings under Section 482 CrPC.

3 Dec 2019

The petitioner, Ramesh A, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnatak...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

29 Nov 2019

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to lead evidence or cross-examine complainant results in conviction.

26 Nov 2019

The appellant, Sathisha B.A., filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and order...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to aver existence of legally enforceable debt or liability.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in CC No.22...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

High Court

High Court of Karnataka Allows Petition to Lead Secondary Evidence in NI Act Case — Section 65 of Evidence Act Invoked for Lost Cheques. The Court held that when original cheques are lost, secondary evidence is permissible under Section 65 of the Indian Evidence Act, 1872, and the courts below erred in rejecting the application.

30 May 2018

The petitioner, Sri R. Lakshminarasimha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the orders d...

High Court

High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

16 Mar 2018

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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