Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Dismisses Leave to Appeal in Cheque Dishonour Case — Acquittal Upheld Due to Failure to Prove Debt or Liability. The court held that the complainant failed to establish the existence of a legally enforceable debt or liability as required under Section 138 of the Negotiable Instruments Act, 1881, as the cheque was issued for a policy that was never drawn.

21 Jan 2019

The applicant, Harilal Khurdhan Ram, an LIC agent, filed a criminal application seeking leave to appeal against the judgment and order dated 24th Nove...

High Court

Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881.

13 Jun 2019

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Condonation of Delay in Criminal Revision Application. Petitioner Failed to Show Sufficient Cause for 18-Month Delay in Filing Revision Against Issuance of Process Under Section 138 of Negotiable Instruments Act, 1881.

8 Jul 2019

The petitioner, Sunil Bhai Sheth, was the original accused No. 2 in a criminal complaint filed by M/s. Agricore Commodities Pvt. Ltd. under Section 13...

High Court

Bombay High Court Quashes Process Issued Under Section 138 of Negotiable Instruments Act Against Accused in Dishonour of Cheque Case Due to Lack of Proper Service of Notice. Court Held That Service of Notice Under Section 138(b) Must Be Proved by Complainant and That Summons to Accused Must Be Served at Correct Address.

8 Aug 2019

The petitioners, original accused Nos. 3 to 6, filed a criminal writ petition challenging the order dated 3rd April 2003 issuing process under Section...

High Court

Bombay High Court Quashes Interim Compensation Order in Dishonour of Cheque Cases Due to Lack of Application of Mind by Magistrate. Magistrate directed to pass reasoned order after considering defence that cheques were given as security in matrimonial dispute.

7 Aug 2019

The petitioner, Prakash Nanji Thakkar, filed five criminal writ petitions challenging an order dated 06/06/2019 passed by the learned Metropolitan Mag...

High Court

Bombay High Court Allows Revision Against Condition of 20% Deposit for Suspension of Sentence in Negotiable Instruments Act Case. Court holds that while appellate court can impose conditions for suspending sentence, directing deposit of 20% of compensation without considering appellant's financial capacity and without providing reasons is unsustainable.

14 Oct 2025

The petitioner, Rashmikant Zaverchand Shah, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 3...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Petition in Negotiable Instruments Act Case — Reinstates Magistrate's Order for Examination of Complainant's Witness. The court held that the revisional court exceeded its jurisdiction by interfering with the magistrate's discretion to recall a witness under Section 311 CrPC without proper justification.

11 Dec 2019

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Addition...

High Court

Bombay High Court Dismisses Petition to Quash Complaint Under Section 138 of Negotiable Instruments Act — No Grounds for Interference Under Article 227 or Section 482 CrPC. The court held that the complaint disclosed a prima facie case and the petition lacked merit.

12 Dec 2019

The petitioner, Afrojkhan s/o Bashirkhan Pathan, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 o...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Failed to Prove Debt or Liability. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 is rebuttable and the accused successfully rebutted it by showing that the cheque was not issued for a legally enforceable debt.

22 Feb 2005

The appellant, Suresh B. Dhoot, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Peter F. Gonsalves...

High Court

Bombay High Court Upholds Validity of Section 376(b) and (c) CrPC in Cheque Dishonour Case — No Unconstitutionality Found. Petitioners convicted under Section 138 r/w 141 Negotiable Instruments Act, 1881 challenged the constitutional validity of provisions relating to appeal against acquittal, but court held them intra vires.

24 Jul 2013

The petitioners, directors and a company, were convicted by the Metropolitan Magistrate on 26 July 2011 for offences under Section 138 read with Secti...

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