Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Dismisses Petitions Against Issuance of Process Under Section 138 NI Act, Holding Mumbai Court Has Jurisdiction. Agreement Clause Fixing Place of Payment at Lender’s Corporate Office in Mumbai Confers Territorial Jurisdiction; Averments Against Directors Under Section 141 Deemed Sufficient at Preliminary Stage.

3 Dec 2010

The dispute arose out of a loan‑cum‑hypothecation agreement dated 24‑1‑2008 between IDEB Projects Pvt. Ltd. (borrower) and L & T Finance Limit...

High Court

High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

6 Jul 2018

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

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 Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs. 1,50,000 for Plot Purchase — Presumption Under Section 139 N.I. Act Not Rebutted by Accused.

3 May 2011

The appellant, Smt. Y. Bangarama, filed a criminal appeal challenging the judgment and order dated 23rd July 2008 passed by the learned Judicial Magis...

High Court

Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Time-Barred Debt. Debt or Liability Must Be Legally Enforceable on the Date of Cheque Issuance Under Section 138 of Negotiable Instruments Act, 1881.

14 Nov 2019

The appellant, M. Shantilal & Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respond...

High Court

Bombay High Court Dismisses Petitions Challenging Section 138 NI Act Complaints — Reiterates That Issuance of Cheque as Security Does Not Bar Prosecution. The court held that the defence that a cheque was issued as security cannot be considered at the stage of issuance of process and is a matter for trial.

5 Jan 2010

The judgment involves three criminal writ petitions filed by accused persons facing trial under Section 138 of the Negotiable Instruments Act, 1881. T...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case, Reduces Fine Amount. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding cheque issued for repayment of loan.

21 Aug 2018

The case arises from a complaint filed by M/s. Meenakshi Developers (respondent/complainant) against Sri V.V. Chari (petitioner/accused) under Section...

High Court

Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

14 Mar 2019

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

High Court

Bombay High Court Allows Return of Complaints in NI Act Cases Where Stage Under Section 145(2) Not Reached. Filing of Affidavit of Evidence Does Not Conclude Examination-in-Chief Under Section 145(2) of Negotiable Instruments Act, 1881.

8 Apr 2015

The petitioner, Rajesh Ashok Ranpura, filed four criminal writ petitions challenging orders passed by the Metropolitan Magistrate, 23rd Court, Esplana...

High Court

High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

1 Jun 2022

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

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