Search Results for "Negotiable Instruments"

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Appeal Dismissed as Loan Not Established as Legally Recoverable Debt Under Section 138 Negotiable Instruments Act, 1881.

The appellant, Girdhari Parmanand Motiani, filed two criminal appeals against the acquittal of the respondents, Vinayak Bhagwan Khavnekar and another,...

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Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal for Reconsideration. The court held that dismissal of complaint under Section 138 of Negotiable Instruments Act due to absence of complainant was not justified and remanded for fresh hearing.

The present appeal was preferred by the original complainant against the judgment and order dated 8th July, 1999 passed by the learned Additional Chie...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued for Repayment of Loan — Revision Dismissed as Concurrent Findings of Fact Not Interfered With

The revision petitioner (accused) was convicted by the trial court for the offence under Section 138 of the Negotiable Instruments Act, 1881 for disho...

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High Court of Karnataka Allows Appeal in Promissory Note Recovery Suit — Appellate Court's Reversal of Trial Court's Dismissal Upheld. Defendant's Denial of Execution and Signature on Promissory Note Found Unsubstantiated; Presumption Under Section 118 of Negotiable Instruments Act, 1881 Applied.

The plaintiff-respondent filed a suit for recovery of Rs. 1,13,520/- based on a demand promissory note executed by the defendant-appellant on 03.04.20...

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High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque.

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotia...