Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Dishonour of Cheque Due to Insufficient Funds. Court Held That Presumption Under Section 139 NI Act Stands Unless Rebutted by Accused, and Appellate Court's Concurrent Findings of Fact Cannot Be Interfered With Under Article 227 of Constitution.

20 Dec 2025

The petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued towards repayment of a loan. T...

High Court

Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Arbitration Dispute — Upholds Injunction to Secure Loan Amount Due Under Loan Agreement. Court Affirms That Repeated Dishonest Conduct and Failure to Pay Justify Protective Orders Under Section 9 of the Arbitration and Conciliation Act, 1996.

24 Feb 2016

The case arises from a loan agreement between JBF Industries Ltd (respondent/petitioner) and Suryachakra Power Corporation Ltd (appellant/respondent)....

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Failure to Consider Evidence and Proper Application of Law. The court set aside the dismissal order and remanded the matter for fresh consideration, emphasizing the need for proper judicial application.

25 Jan 2016

The petitioner, Santoshkumar Ghisulal Jaju, was the original complainant in Misc. Application No.253 of 2008 filed under Section 138 of the Negotiable...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Improper Complaint by Constituted Attorney. Complaint under Section 138 NI Act fails as attorney lacked personal knowledge and power of attorney was not proved.

10 Dec 2015

The appellant, M/s. Amin Warehousing, a proprietary concern, filed a complaint through its constituted attorney against the respondent, Al Freight Int...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Insurance Company's Failure to Prove Policy Cancellation. Dishonour of Cheque for Premium Does Not Automatically Terminate Insurance Contract Without Proper Notice to Insured and Third Parties.

13 Oct 2015

The appeal was filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment of the Motor Accident Clai...

High Court

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.

7 Aug 2015

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

High Court

Bombay High Court Allows Petition in Negotiable Instruments Act Case — Deficit Court Fees Paid Before Revision, Sessions Court Erred in Dismissing Complaint Under Section 204(4) Cr.P.C. The court held that Section 204(4) Cr.P.C. does not empower dismissal of complaint after process is issued and deficit court fees are paid before revision.

6 Jul 2015

The petitioner, a Cooperative Credit Society, filed a complaint under Section 138 of the Negotiable Instruments Act for dishonour of a cheque of Rs.18...

High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish that the cheque was issued for a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881.

24 Jun 2015

The appellant, Pradeep Kashiram Kadam, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act...

High Court

Bombay High Court Allows Accused's Petition for Forensic Examination of Cheque in Dishonour of Cheque Case — Right to Fair Trial Under Article 21 Includes Right to Send Disputed Document for Expert Opinion to Determine Age of Ink and Signature. The court held that the accused's right to defend himself under Article 21 includes the right to seek expert opinion on disputed documents, and rejection of such application without considering the defence is illegal.

3 Mar 2015

The petitioner, Brijratan Mohta, is the accused in a complaint filed by the respondent, Vidarbha Nagrik Pat Sanstha, under Section 138 of the Negotiab...

High Court

Bombay High Court Quashes Process Against Accused in Cheque Dishonour Case for Lack of Vicarious Liability. Applicant not a Director or signatory to cheque, and complaint lacked specific averments of being in charge of company affairs under Section 141 of Negotiable Instruments Act, 1881.

12 Jan 2015

The applicant, Prakash Koranne, was original accused no. 3 in a complaint filed by Sarvesh Kotwal (non-applicant no. 1) under Section 138 read with Se...

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