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High Court

Bombay High Court Quashes Process Issued Under Section 138 of Negotiable Instruments Act Against Accused in Dishonour of Cheque Case Due to Lack of Proper Service of Notice. Court Held That Service of Notice Under Section 138(b) Must Be Proved by Complainant and That Summons to Accused Must Be Served at Correct Address.

8 Aug 2019

The petitioners, original accused Nos. 3 to 6, filed a criminal writ petition challenging the order dated 3rd April 2003 issuing process under Section...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

High Court

High Court of Bombay at Aurangabad Allows Accused's Application in Cheque Dishonour Case — Complainant Failed to Prove Debt Legally Enforceable. The court held that a loan given by a complainant who is not a professional money lender and without proper documentation may not be legally recoverable, and the accused's defence of payment stop due to dispute was plausible.

15 Sep 2016

The case involves a criminal application filed by the original accused, Digamber Madhavrao Uchale, against the order of the Chief Judicial Magistrate,...

High Court

High Court Hears Appeals Against Conviction for Cheating and Corruption—Bank Employees and Others Accused of Disappearing Clearing Cheques to Cause Rs. 35.50 Lakh Loss. Conviction Under IPC Sections 120-B, 420 and Prevention of Corruption Act Challenged on Grounds of Erroneous Appreciation of Evidence.

29 Jun 2020

The case originated from a prosecution by CBI against five accused persons for conspiracy to cheat Bank of India. Accused No.1, a clerk at the Service...

High Court

High Court of Karnataka Allows Revision Petitions in Negotiable Instruments Act Case — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. Court holds that Section 138 NI Act proceedings require proper service of demand notice and examination of complainant as witness, and failure to do so vitiates the trial.

22 Mar 2025

The petitioner, Mr. Lagadapati Malyadri, filed two criminal revision petitions under Section 397 read with Section 401 of the Code of Criminal Procedu...

High Court

High Court of Gujarat Allows Appeal Against Acquittal in Cheque Dishonour Case — Rebuttal of Presumption Under Section 139 NI Act Requires Probable Defence, Not Mere Denial. The accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Jan 2026

The appellant, Rajesh Darshanlal Gupta, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, Amivisio...

High Court

Bombay High Court Acquits Seven Appellants in Murder Case Due to Unlawful Assembly and Common Objection Not Proved Beyond Reasonable Doubt. Conviction under Section 302 IPC read with Section 149 IPC set aside as evidence failed to establish membership of unlawful assembly or common object to commit murder.

17 Oct 2019

The case involves seven appeals filed by Ganpat Bapu Salunkhe, Shahaji Vasant Patil, Vinodsingh Shamsingh Rawat, Chandrakant Dhodiba Tikone, Appa Suba...

Supreme Court

Supreme Court Allows Appeal in Working Journalists Act Case Excluding Perquisites from Gratuity Calculation. Ex-Employee's Gratuity Claim Not Barred; Car Allowance, Free Telephone and Newspapers Not Wages Under Section 2(rr) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955.

2 Apr 1969

The dispute arose out of a claim for gratuity and leave compensation filed by a former special correspondent of Bennett Coleman & Co. (P) Ltd. under t...

High Court

Bombay High Court Upholds Rejection of Anticipatory Bail in SC/ST Atrocities Case Over Caste-Based Insults. Prima Facie Case Established Under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Barring Relief Under Section 18.

6 Aug 2018

The Bombay High Court, Aurangabad Bench, dismissed an appeal against the rejection of anticipatory bail in a case involving alleged offences under the...

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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