Search Results for "Dishonoured cheques"

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Search Results for "Dishonoured cheques"

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High Court

Bombay High Court Dismisses Petition Seeking Single Conviction for Multiple Cheque Dishonours — Default Sentences Ordered Consecutively. Each cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 is a distinct offence, and default sentences under Section 357(3) of the Code of Criminal Procedure, 1973 can run consecutively.

5 May 2026

The petitioner, Cyrus Noshirwan Kartak, was a director of Mintaur Engineering Private Ltd. The respondent-complainant sold and delivered goods to the ...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

High Court

High Court of Karnataka Quashes Cheque Dishonour Proceedings Against Partners Due to Lack of Specific Averments of Vicarious Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to satisfy requirements of Section 141 of the Act for imputing liability on partners.

15 Sep 2021

The petitioners, accused No.1 (M/s. Conserve Ready Mix Concrete, a partnership firm) and accused No.2 and 3 (partners of the firm), filed a petition u...

Supreme Court

Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

1 Jan 2020

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

High Court

High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

16 Mar 2018

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

High Court

Bombay High Court Allows Director's Application to Quash Process in Cheque Dishonour Case Due to Lack of Specific Allegations Under Section 141 NI Act. Director Cannot Be Held Vicariously Liable Without Averment of Being in Charge of Business Conduct.

14 Aug 2015

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

5 Sep 2014

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that without proper service of the demand notice under Section 138 of the Negotiable Instruments Act, 1881, the essential ingredient for the offence is not satisfied, and the proceedings are liable to be quashed.

27 Jun 2011

The petitioners, Lalit Tarekar, Motiram Wasnik, and Rajesh Jaiswal, filed a criminal writ petition under Article 227 of the Constitution of India and ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted. The court held that the accused failed to rebut the statutory presumption that the cheque was issued for discharge of a debt or liability, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Sep 2006

The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused-respondent issued a c...

High Court

High Court of Bombay Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

30 Nov -0001

The case involves criminal applications filed by Gatrod Agro Bio-Fuels Private Ltd. and its directors (applicants) seeking quashing of criminal procee...

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