Search Results for "drawee bank jurisdiction"

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Search Results for "drawee bank jurisdiction"

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High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

16 Apr 2026

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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 Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Averment of Insufficient Funds. Stop Payment Instructions After Request Not to Present Cheque Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

22 Jul 2019

The petitioner, Manisha Salekar, filed a criminal writ petition challenging the order dated 17.12.2018 passed by the Additional Sessions Judge, Kalyan...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Section 462 Cr.P.C. Bars Quashing on Ground of Want of Jurisdiction. Court holds that even if the complaint was filed at a place without territorial jurisdiction, the proceeding cannot be quashed; the proper remedy is to seek return of complaint under Section 201 Cr.P.C.

29 Nov 2012

The petitioner, Madan Motichand Gupta, proprietor of Quick Services, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of ...

High Court

Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

25 Jul 2012

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Presentation of Cheque at Drawee Bank's Branch Confers Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented for collection and dishonour intimation is received determines jurisdiction, not the accused's residence.

15 Jun 2011

The case involves a criminal writ petition filed by the accused (Narendramal Bafna and Coventry Spring & Engineering Company Limited) challenging the ...

High Court

Bombay High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Case — Attachment by Crime Branch Not Covered Under Section 138 NI Act. Cheque dishonour due to bank account attachment by Crime Branch does not constitute an offence under Section 138 of the Negotiable Instruments Act, 1881 as it is not a dishonour for insufficiency of funds or arrangement.

22 Mar 2011

The appellant, Ashish Parikh, proprietor of Parikh Investments, filed a criminal application seeking leave to appeal against an order of acquittal pas...

High Court

Bombay High Court Quashes Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. Complaint Filed at Mumbai Fails as Entire Transaction Occurred at Indore, Not Within Magistrate's Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

18 Mar 2011

The petitioners, Jambu Kumar Jain and Prafull Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to q...

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