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Search Results for "section 138 ni act"

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High Court

High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine and Compensation. Cheque Issued for Repayment of Loan for Business Purpose, Defence of Issuance to Prevent Harassment of Sister Not Believed.

12 Mar 2013

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 to the respondent/complainant, Dr. Krishnoji Rao, who is her brother-in-law. T...

High Court

High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine Only. Cheque Issued to Prevent Harassment of Sister Held Not Supported by Lawful Consideration, But Presumption Under Section 139 NI Act Not Rebutted.

12 Mar 2013

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 in favour of the respondent/complainant, Dr. Krishnoji Rao, who is her brother...

High Court

High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Dishonour of Cheque for Outstanding Dues Constitutes Offence Under Section 138 of Negotiable Instruments Act, 1881. The court held that the presumption under Section 139 of the N.I. Act applies and the accused failed to rebut it, confirming the conviction and fine.

11 Mar 2013

The petitioners, M/s Gold Field Steels Pvt Ltd and Sri Sundareshan, were convicted by the XXI Addl. Chief Metropolitan Magistrate, Bangalore, for the ...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Evidence Insufficient to Establish Debt Under Section 138 of Negotiable Instruments Act, 1881.

14 Jun 2013

The case involves a criminal revision petition filed by the accused, Chikkachowdappa, against his conviction under Section 138 of the Negotiable Instr...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act Despite Cheque Date Alteration — Correction of Year Not a Material Alteration When Admitted by Accused. The court held that alteration in the year of the cheque was not material as the accused admitted her signature and the correction, thus the cheque remained valid under Section 138 of the Negotiable Instruments Act, 1881.

9 Jan 2023

The case involves a criminal revision application filed by Ruksana w/o Afsar Sayyad (original accused) against Kamalbai w/o Gopinath Rathod (original ...

High Court

Bombay High Court Quashes Section 138 NI Act Complaint Against Directors Due to Lack of Specific Averments of Vicarious Liability. Complaint against directors quashed as complaint lacked specific allegations of their role in company's conduct.

29 Apr 2024

The applicants, K & K Foundry Pvt. Ltd. and its two directors, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking ...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

High Court

Bombay High Court Allows Second Application for Handwriting Expert in NI Act Case Due to Change in Circumstances. Rejection of First Application as Premature Does Not Bar Subsequent Application After Cross-Examination Under Section 138 of Negotiable Instruments Act, 1881.

7 Mar 2024

The petitioner, Sagar Venkatesh Diwan, challenged two orders passed by the Judicial Magistrate, First Class, Nandurbar, in S.T.C.C. No. 528 of 2013, a...

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

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