Search Results for "cheque dishonor"

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Search Results for "cheque dishonor"

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High Court

High Court of Karnataka Upholds Conviction Under Section 138 NI Act as Material Alteration Defence Fails Due to Drawer’s Knowledge. Court Relies on Accused’s Own Photocopy Showing Alteration to Conclude That Alteration Pre-Existed Issuance, Thus No Violation of Section 87.

12 Apr 2023

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent against the petitioner for dishonou...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. The court held that under Section 141 of the Negotiable Instruments Act, 1881, directors cannot be held liable without specific allegations that they were in charge of and responsible for the conduct of business of the company.

10 Jan 2019

The petitioners, Rakesh P. Gupta and Shishir Prabhakar Dharkar, were directors of a private limited company accused in two separate complaints under S...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of Company Not Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations of Role in Day-to-Day Affairs.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Mr. H.S. Bedi and Mrs. Av...

High Court

High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

18 Nov 2022

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused.

29 Nov 2019

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Active Role in Business Conduct.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

High Court

Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

9 Jun 2023

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Conviction Set Aside Due to Non-Examination of Complainant's Power of Attorney Holder. Complainant Failed to Prove Due Execution of Power of Attorney, Rendering Complaint Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

10 Sep 2014

The case involves multiple criminal revision petitions filed by M/s. Shanthi Fortune (India) Limited and its Managing Director, Krishnamurthy, against...

High Court

Bombay High Court Upholds Insurance Company Liability in Motor Accident Claim Despite Dishonoured Cheque — Insurer Must Pay Third Party Compensation and Recover from Insured. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation to a third party even if the policy was cancelled due to dishonour of premium cheque, as the cancellation was not communicated to the third party.

26 Jul 2017

The case arises from a motor accident claim where the appellant, National Insurance Company Ltd., challenged the award of the Motor Accident Claims Tr...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

7 Feb 2025

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

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