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Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

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Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

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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 the Negotiable Instruments Act, 1881 must be at the correct address; notice sent to a closed office address is invalid.

The petitioners, Mukeshbhai Balabhai Patel and his wife Ranjanben, filed a writ petition under Article 226 of the Constitution of India read with Sect...

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High Court of Karnataka Quashes FIR Against Company and Directors in Prevention of Corruption Act Case Due to Lack of CBI Jurisdiction. Registration of FIR Without Involvement of Public Servant and Based on RBI Master Circular Held Without Authority, and Section 120B IPC Cannot Apply Standalone.

The case involved Associate Lumbers Private Limited and its directors, who had availed loan facilities from Corporation Bank (later Union Bank of Indi...

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Bombay High Court Quashes FIR 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 actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...