Search Results for "section 138 ni act"

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Search Results for "section 138 ni act"

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High Court

Bombay High Court Allows Petitioner to Correct Cheque Number in Complaint Under Section 138 of Negotiable Instruments Act, 1881. Typographical Error in Cheque Number Can Be Amended to Ensure Fair Trial and Avoid Prejudice to Respondent.

24 Sep 2025

The petitioner, Shankar Parshuram Choudhari, filed a criminal writ petition before the Bombay High Court challenging an order passed by the Judicial M...

High Court

Bombay High Court Allows Condonation of Delay in Appeal Under Proviso to Section 372 CrPC for Dishonour of Cheque Case — Delay of 362 Days Condoned as No Limitation Period Prescribed for Victim's Appeal. The court held that the proviso to Section 372 CrPC does not prescribe any limitation period for a victim's appeal, and therefore, no application for condonation of delay is required.

23 Sep 2025

The petitioner, Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd., a registered co-operative society, filed a complaint under Section 138 of the Negoti...

High Court

Bombay High Court Allows Petition to Quash FIR in Cheque Dishonour Case Due to Non-Compliance with Section 138 of Negotiable Instruments Act, 1881 — Notice Not Served at Correct Address. The court held that proper service of demand notice is mandatory and failure to serve at correct address vitiates proceedings.

18 Sep 2025

The petitioner, Abid Shiraz Merchant, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashi...

High Court

High Court of Bombay at Goa Allows Appeals in Section 138 NI Act Cases — Reverses Acquittal by Sessions Court. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 applies once signature on cheque is admitted, shifting burden on accused to rebut existence of legally enforceable debt.

26 Sep 2025

The case involves two criminal appeals filed by Pierre Antonio Lobo (the complainant) against the acquittal of Jose Remedios A.A. Rodrigues (the accus...

High Court

Bombay High Court Allows Criminal Revision Against Summoning Order in Cheque Dishonour Case — Dispute Over Partnership Firm's Authority to File Complaint Under Section 138 of Negotiable Instruments Act, 1881. The court held that a complaint under Section 138 must be filed by an authorized person, and partners are not automatically liable.

16 Sep 2025

The applicants, Romell Housing LLP and Jude Romell, filed a criminal revision application before the Bombay High Court challenging the summoning order...

High Court

Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

6 Jul 2026

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

High Court

High Court of Karnataka Examines Quashing of Cheque Dishonour Proceedings for Lack of Specific Averments Under Section 141 NI Act. Directors Contend Complaints Merely Name Them Without Alleging Active Role in Day-to-Day Affairs.

1 Jul 2026

The case concerns multiple criminal petitions filed by Kavitha Chopra and Dhirendra Chopra, directors of OSIA Hyper Retail Limited, seeking to quash p...

High Court

High Court of Karnataka Allows Criminal Petitions Under Section 482 CrPC, Sets Aside Orders Dismissing Revision Petitions as Not Maintainable. Order Issuing Process Under Section 204 CrPC is Held to be Not an Interlocutory Order, Hence Revisable Under Section 397 CrPC.

22 Apr 2015

These criminal petitions filed under Section 482 of the Criminal Procedure Code, 1973 sought to quash the orders passed by the Presiding Officer, Fast...

High Court

High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Cases Under Section 378(4) of CrPC. Complainant's Failure to Prove Legally Enforceable Debt and Suppression of Illicit Relationship Undermine Presumption Under Section 139 of Negotiable Instruments Act, 1881.

30 Jul 2018

The case arose from two criminal applications filed by the original complainant seeking leave to appeal under Section 378(4) of the Code of Criminal P...

High Court

High Court of Karnataka Examines Criminal Appeal Against Acquittal Under Section 138 of Negotiable Instruments Act on Ground of Erroneous Cheque Number in Legal Notice. The Court Highlights That Mismatch of Cheque Number in the Statutory Notice and Complaint Amounts to a Material Defect Affecting the Validity of the Prosecution Under the N.I. Act.

4 Nov 2020

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that he lent Rs.2,00,000/- to the...

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