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Search Results for "section 138 ni act"

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High Court

High Court of Karnataka Dismisses Petition to Retain Case at Kundapura in NI Act Matter — No Jurisdictional Error Found. Complainant's Medical Condition Does Not Justify Transfer of Case Already Transferred to Mysore Under Section 138 Negotiable Instruments Act, 1881.

17 Nov 2014

The petitioner, Mr. Archibald Quadros, filed a private complaint under Section 200 CrPC read with Sections 138 and 142 of the Negotiable Instruments A...

Supreme Court

Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

2 Apr 2025

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu.

29 Nov 2023

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MP...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Appellant Failed to Prove Legally Enforceable Debt. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 was rebutted by the accused, and the acquittal was proper.

10 Nov 2023

The appellant, M/s. IVY Jewellery Pvt Ltd, a company dealing in diamond jewellery, filed a complaint under Section 138 of the Negotiable Instruments A...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Conduct of Business at Relevant Time, Proceedings Under Section 138 of Negotiable Instruments Act, 1881 Not Maintainable.

4 Nov 2023

The petitioners, Satish Panchariya, Arun Panchariya, and Sanjay Tripathi, were directors of a company. They filed a petition under Article 226 of the ...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act, Reduces Sentence to Period Already Undergone, and Enhances Compensation to Rs. 10 Lakhs. The court held that the presumption of legally enforceable debt under Section 139 NI Act was not rebutted, and compensation was enhanced to meet the ends of justice.

8 Aug 2023

The case arises from two criminal revisions filed against the judgment of the Additional Sessions Judge, Aurangabad, in appeals arising from a convict...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Due to Perverse Findings on Partnership Act Bar and Proof of Transaction. The court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, and that the complainant had sufficiently proved the mercantile transaction.

3 Jul 2023

The appellant, Balaji Constructions, an unregistered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, ag...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

25 Apr 2023

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...

High Court

High Court of Bombay at Nagpur Upholds Conviction in Cheque Dishonour Case — Compensation Reduced to Rs. 1,20,000. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 that cheque was issued for discharge of legally enforceable debt.

24 Apr 2023

The case arises from a criminal revision application filed by the accused, Pradeep Nagrale, challenging his conviction under Section 138 of the Negoti...

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