Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

High Court

Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

28 Feb 2024

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

High Court

High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

10 Dec 2021

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

Supreme Court

Supreme Court Quashes Penalty on Part-Time Director in FERA Contravention Case Due to Lack of Specific Findings on Responsibility. Liability Under Foreign Exchange Regulation Act, 1973 Requires Proof That Director Was in Charge of and Responsible for Conduct of Business at Relevant Time, Not Mere Directorship.

27 Jul 2020

The appeal arose from a penalty imposed on the appellant, a part-time non-executive director of Modi Xerox Ltd., for alleged contravention of the Fore...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

16 Aug 2019

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case Due to Lack of Specific Role in Company Affairs. Petitioner was not in charge of or responsible for conduct of business of the company at the time of offence, essential for vicarious liability under Section 141 of Negotiable Instruments Act, 1881.

17 Mar 2016

The petitioner, Mrs. Lata Pramod Dave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 227 of the...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to prove his defence on preponderance of probabilities and the cheque was issued for a legally enforceable debt.

19 Sep 2006

The appellant, Smt. Prabha Gandhi, filed a criminal appeal against the acquittal of the respondent, Manohar Deshmukh, by the Judicial Magistrate First...

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