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Search Results for "section 138 ni act"

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High Court

Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved.

26 Apr 2023

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments A...

High Court

Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

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 Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

28 Apr 2023

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

High Court

Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

13 Apr 2023

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that mere issuance of notice is insufficient; actual receipt by the accused is required for the presumption under Section 138 of the Negotiable Instruments Act, 1881 to arise.

12 Apr 2023

The applicants, partners of M/s. Megapolis Landmar LLP, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashi...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Complaint in Cheque Dishonour Case Under Section 138 NI Act. Revisional Court's Order Allowing Amendment to Add Partnership Firm as Accused Upheld as No Prejudice Caused.

28 Apr 2023

The case arises from a criminal writ petition filed by the petitioners (original accused and the partnership firm) challenging the judgment and order ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averments of Being in Charge of and Responsible for Conduct of Business at Time of Offence.

23 Feb 2023

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973 filed by three directors (applicants) of CLC Industries Ltd...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

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