Search Results for "Section 138 NI Act"

477 result(s) found

Scroll Down To Discover

Found 477 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Reduces Deposit Condition for Suspension of Sentence in NI Act Case. Court Held That Condition of Deposit of 62% of Compensation Amount Was Exorbitant and Reduced It to 20% to Protect Right of Appeal.

The petitioner, Sumeet Gupta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to three months' imprisonment. He...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal Against Acquittal in NI Act Case Due to Non-Prosecution. Complainant Bank's Failure to File Evidence Affidavit Despite Presence Justified Acquittal Under Section 256 CrPC.

The appellant, The TJSB Sahakari Bank Ltd., was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 held to be in favour of complainant unless rebutted by accused.

The appellant, Sachin Food Processor, a registered partnership firm, filed a criminal complaint against the respondent, Sanjay T. Pathak, under Sectio...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Failure to Prove Service of Statutory Notice. Complainant's failure to examine postal witness and produce acknowledgment card renders notice service unproven under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M/s. Lloyds Metals & Engineers Ltd., filed a criminal appeal against the judgment dated 31st March 1998 passed by the Judicial Magistra...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Applicant Director Not Involved in Day-to-Day Affairs of Company, No Vicarious Liability Under Section 141 NI Act.

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by respondent No. 1, Ashwin Ramesh Mittal, under Section 138 ...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...