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Search Results for "section 138 ni act"

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High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Remands for Fresh Trial. Secondary Evidence Under Section 65 of Evidence Act Permitted as Original Cheque Was Lost.

21 Sep 2022

The appellant, Maharashtra Co-operative Marketing Federation, a co-operative society registered under the Maharashtra State Co-operative Societies Act...

High Court

Bombay High Court Dismisses Petitions Challenging Process in Dishonour of Cheque Cases Against Directors of Co-operative Society. Vicarious Liability Under Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Day-to-Day Affairs.

3 Aug 2022

The judgment arises from two criminal writ petitions filed by the petitioners, who are directors of a co-operative society, challenging the orders pas...

High Court

Bombay High Court Allows Accused to Lead Further Defence Evidence and Forward Cheque to Handwriting Expert in NI Act Case — Right to Fair Trial Prevails Over Technical Objections. The court held that the accused's specific defence that the cheque was blank and lost required consideration and that the courts below had not properly exercised their discretion.

23 Aug 2022

The petitioner, Dinesh Dilip Malu, is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque. During ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Stands Unless Accused Rebuts with Probable Defence.

8 Jul 2022

The appellant, Dilip Virumal Ahuja, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and...

High Court

High Court of Karnataka Quashes Proceedings Against Directors in NI Act Case — Directors Not Involved in Day-to-Day Affairs or Signing of Cheque. Liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed on directors who are not responsible for conduct of business of the company at the time of offence.

19 Mar 2014

The petitioners, accused Nos. 3 and 5 in C.C. No. 32585/2011 pending before the XV ACMM, Bangalore, filed a petition under Section 482 of the Code of ...

High Court

High Court of Karnataka Quashes Proceedings Against Director in Dishonour of Cheque Cases Due to Lack of Specific Averments — Petitioner Not a Director of the Drawer Company at Relevant Time

18 Jul 2014

The petitioner, Sri Shamanur Shivashankarappa, filed three criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Interest on Principal Amount Granted from Date of Suit Till Realization. The Court held that the first appellate court erred in waiving interest entirely, and the plaintiff is entitled to interest at 6% per annum from the date of suit till payment.

25 Aug 2014

The appellant-plaintiff filed a suit in O.S.No.143/2000 for recovery of Rs.77,658.75 with interest at 18% per annum and costs, arising from a tobacco ...

High Court

High Court Allows Appeal in NI Act Case: Power of Attorney Holder Can Tender Evidence Without Leave Under Section 302 CrPC. The acquittal of the accused under Section 138 Negotiable Instruments Act was set aside as the trial court erred in holding that the Power of Attorney holder of the complainant company needed permission under Section 302 CrPC to tender evidence.

9 Sep 2014

The appellant, M/s. Alhind Tours and Travels Private Limited, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, ag...

High Court

High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted. Cheque Issued as Security for Advance of Rs.80 Lakh Dishonoured — Accused Failed to Prove Absence of Debt.

28 Oct 2014

The case arises from a complaint filed by HMT (International) Limited, a public limited company, against M/s Nucor Wires Limited and its directors (th...

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