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Search Results for "section 138 ni act"

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High Court

Bombay High Court Allows Revision Against Order Closing Evidence in NI Act Case — Failure to Cross-Examine Complainant's Affidavit Does Not Automatically Close Defence Evidence. The court held that the accused's right to cross-examine the complainant's affidavit-in-evidence is fundamental to a fair trial under Section 138 of the Negotiable Instruments Act, 1881, and the trial court's order closing evidence without granting such opportunity was premature and set aside.

9 Mar 2020

The petitioner, Shankar Lotlikar, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of C...

High Court

Bombay High Court Allows Quashing of Section 138 NI Act Proceedings Against Director of Corporate Debtor Post-Approval of Resolution Plan by NCLT. Criminal liability for dishonour of cheques issued prior to resolution plan stands extinguished upon approval of resolution plan under IBC, 2016.

6 Dec 2021

The applicant, Advance Oleochem Pvt. Ltd., through its director Ashok Kumar Harilal Shah, filed a criminal application under Section 482 Cr.P.C. seeki...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Bounce and Forgery Case Due to Lack of Evidence and Abuse of Process. Court holds that mere issuance of cheque without proof of legally enforceable debt or signature forgery cannot sustain prosecution under Sections 138, 420, 467, 468, 471 IPC and Section 138 of Negotiable Instruments Act.

10 Jun 2021

The judgment pertains to two criminal writ petitions filed by Rishi Prabha Ranjitkumar Prasad and Ranjit Kumar Prasad seeking quashing of FIR No. 274 ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice and Absence of Averments Regarding Debt Legally Enforceable. The court held that the complainant failed to establish the existence of a legally enforceable debt and that the demand notice was not served in accordance with Section 138 of the Negotiable Instruments Act, 1881.

26 Apr 2021

The judgment involves multiple criminal writ petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Pr...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 NI Act. The court held that the mandatory notice of demand was not served on the accused as it was sent to an incorrect address, and thus the proceedings under Section 138 of the Negotiable Instruments Act, 1881, were liable to be quashed.

8 Apr 2021

The applicants, who were the original accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, filed an application under...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. FIR registered at Ahmednagar quashed as cheque was drawn on Navsari bank and no cause of action arose within Ahmednagar under Section 138 of Negotiable Instruments Act, 1881.

24 Mar 2021

The petitioners, original accused in FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal dispatch, not mere endorsement of 'not claimed'.

15 Mar 2022

The petitioner, Sanjay Bapuso Dalvi, aged 57 years, an agriculturist, filed a criminal writ petition under Article 226 of the Constitution of India re...

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