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Search Results for "cheque payment"

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High Court

Bombay High Court Dismisses Petition to Quash NI Act Proceedings — Territorial Jurisdiction of Magistrate Upheld for Cheque Dishonour Case. Court holds that under Section 138 of Negotiable Instruments Act, 1881, the Magistrate at Mumbai has jurisdiction as the cheques were presented for encashment at Mumbai and the complainant's office is located there.

22 Mar 2011

The petitioner, Vinod Laxman Das Kinger, proprietor of M/s. Kinger India, filed an application under Section 482 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Rs.81.33 Lakhs — Appellant Granted Leave to Defend on Deposit of Rs.50 Lakhs. The court held that the Appellant had raised triable issues but the condition of deposit was justified given his role as CFO and Executive Director in authorizing the payment.

3 Apr 2013

The appeal was filed by the First Defendant (Jayesh Nagindas Doshi) against an order of the learned Single Judge in a summary suit under Order XXXVII ...

High Court

Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

5 Jun 2023

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

Supreme Court

Supreme Court Allows Transfer of Cheque Dishonour Cases Under Section 406 Cr.P.C. for Joint Trial in New Delhi. Transfer Power Under Section 406 Cr.P.C. Remains Intact Despite Non Obstante Clause in Section 142(1) of Negotiable Instruments Act, 1881, as All Cases Arose from Single Transaction to Avoid Contradictory Findings.

26 Apr 2025

The Supreme Court addressed transfer petitions filed under Section 406 of the Code of Criminal Procedure, 1973, by Yogesh Upadhyay and his proprietary...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Trial Court Erred in Ignoring Statutory Presumption Under Section 139. The Court held that once the cheque and its dishonour are proved, the presumption of legally enforceable debt arises, and the accused must rebut it with probable evidence.

12 Jan 2010

The appellant, Adarsh Gramin Sahakari Pat Sanstha Maryadit, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, agai...

High Court

High Court of Bombay at Goa Allows Waiver of Compounding Costs in NI Act Case Due to Extreme Financial Distress and Medical Condition of Applicant. The court exercised its discretion under Section 147 of the Negotiable Instruments Act, 1881 to waive compounding costs where the applicant had paid full compensation but was suffering from end-stage renal disease and was the sole breadwinner.

4 May 2026

The applicant, Ajit Uday Salaskar, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Judicial Magistrate First Class, Pon...

Supreme Court

Supreme Court Allows Appeal in Cheque Dishonour Case: Successive Presentation and Statutory Notice Permissible Under Section 138 NI Act. The Court held that a complaint based on a second statutory notice after successive dishonour of cheques is maintainable, following the ratio in MSR Leathers v. S. Palaniappan.

8 Jan 2019

The appellant, M/s. Sicagen India Ltd., filed criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, ...

High Court

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Applicant Director Not Involved in Day-to-Day Affairs of Company, No Vicarious Liability Under Section 141 NI Act.

14 Aug 2015

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by respondent No. 1, Ashwin Ramesh Mittal, under Section 138 ...

High Court

Karnataka High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case as Complaint Was Time-Barred Under Section 142(b) of NI Act. Failure to File Condonation Application for Limitation Despite Objection at Trial Renders Acquittal Proper.

10 Mar 2023

The appeal before the Karnataka High Court arose out of a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of t...

High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

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