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Search Results for "notice under section 138"

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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

Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

25 Aug 2023

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

High Court

Income Tax Appeals by Wipro Limited and Revenue Against Orders of Income Tax Appellate Tribunal, Bangalore for Assessment Years 2001-2002 to 2004-2005

25 Mar 2015

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Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

High Court

KAHC010259352010_1

11 Jul 2014

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High Court

Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the cause of action under Section 138 of the Negotiable Instruments Act, 1881 arises only at the place where the cheque is presented and dishonoured, not at the place of issuance or the complainant's registered office.

3 Mar 2010

The petitioner, Mrs. Preetha S. Babu, a resident of Ernakulam, Kerala, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution b...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

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