Search Results for "Cheque Dishonor"

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Search Results for "Cheque Dishonor"

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High Court

Gujarat High Court Upholds Conviction Under Section 138 NI Act but Reduces Sentence to Till Rising of Court and Enhances Compensation with Interest. Appellate Court's Modification of Sentence Upheld as Within Discretion.

16 Mar 2026

The applicant, Shardaben Chandubhai Prajapati, proprietor of C.G. Chemicals, filed criminal revision applications under Section 397 read with Section ...

High Court

High Court of Karnataka Dismisses Petition to Quash Cheque Dishonour Proceedings - Complaint Filed by Special Power of Attorney Holder Upheld as Maintainable Despite Omission of Awareness Averment. Court Held That Since Special Power of Attorney Holder Was Signatory to Underlying Sale Deed Transaction, Omission Was Not Fatal, and Pendency of Civil Suit for Recovery Does Not Bar Criminal Prosecution Under Section 138 of Negotiable Instruments Act, 1881.

13 Mar 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed by the petitioners, who were accused in a cheque dishonour case, seeking to q...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Non-Executive Directors in Cheque Dishonour Case — Mere Designation as Director Insufficient for Vicarious Liability Under Section 141 NI Act. The Court held that non-executive directors cannot be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the company's financial affairs.

4 Mar 2025

The Supreme Court allowed the appeals filed by K.S. Mehta and Basant Kumar Goswami, non-executive directors of M/s Blue Coast Hotels & Resorts Ltd...

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...

High Court

High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

7 Aug 2023

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision.

26 Feb 2021

The case involves a criminal revision petition filed by the accused, S. Mohammed, challenging his conviction under Section 138 of the Negotiable Instr...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

21 Jun 2019

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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 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 Allows Quashing of Prosecution Against Former Directors in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Establishes Lack of Vicarious Liability. Directors who resigned six years before cheque issuance cannot be held liable under Section 138 of Negotiable Instruments Act, 1881 as they were not in charge of or responsible for the company's conduct at the relevant time.

1 Aug 2012

The applicants, Ajay Krishnakant Parikh and another, were accused nos. 4 and 5 in a complaint under Section 138 of the Negotiable Instruments Act, 188...

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