Search Results for "Section 138 NI Act"

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Gujarat High Court Allows Appeal in Cheque Dishonour Case — Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Under Section 139 NI Act Stands Unless Rebutted by Accused.

The appellant, Harshadkumar Vaikuthram Halani, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment...

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Gujarat High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Examination of Complainant. Held that Section 138 NI Act complaint cannot be dismissed solely because complainant fails to appear for cross-examination; court must consider other evidence on record.

The appellant, Manojkumar Jivanlal Prajapati, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Limitation Bar and Lack of Debt Evidence. Complaint Under Section 138 of Negotiable Instruments Act, 1881 Dismissed as Notice Served on 10.12.2013 and Complaint Filed on 20.01.2014, Beyond 30 Days.

The applicants, Vishnu Pavse and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of C...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by UPC not sufficient compliance with Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Rajesh Kashiram Karad, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aur...

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Bombay High Court Quashes FIR in Cheque Dishonour Case for Lack of Territorial Jurisdiction. Court holds that the offence under Section 138 of the Negotiable Instruments Act, 1881 is committed at the place where the cheque is presented and dishonoured, not where the cheque is drawn or the notice is served.

The petitioner, Jagdish Khodke, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of Criminal Case No. 15...

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Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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High Court of Judicature at Bombay Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Stands Unless Rebutted by Accused. Failure to Rebut Presumption of Legally Enforceable Debt Leads to Conviction Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for d...