Search Results for "Section 138 NI Act"

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Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case for Lack of Specific Allegations. Vicarious Liability Under Section 141 of Negotiable Instruments Act Requires Specific Averments of Role in Company Affairs.

The case involves a criminal complaint filed by respondent No. 1 (complainant) under Section 138 read with Section 141 of the Negotiable Instruments A...

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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.

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...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Appeal Dismissed as Loan Not Established as Legally Recoverable Debt Under Section 138 Negotiable Instruments Act, 1881.

The appellant, Girdhari Parmanand Motiani, filed two criminal appeals against the acquittal of the respondents, Vinayak Bhagwan Khavnekar and another,...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Complaint Not Filed by Payee Company. The complaint was filed by an individual who was not the payee or holder in due course, rendering the prosecution invalid under Section 142(a) of the Negotiable Instruments Act, 1881.

The appellant, Bhupesh Rathod, filed a complaint against respondent no.1, Dayashankar Prasad Chaurasia, alleging an offence under Section 138 of the N...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Unreliable Evidence and Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Meera S. Chiplunkar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against the resp...

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Bombay High Court Allows Appeal Against Acquittal Under Section 138 NI Act Due to Procedural Error. Magistrate's Order Under Section 256 CrPC Set Aside Because Complainant's Absence Was Not on Three Consecutive Dates as Recorded.

The appellant, Virendrakumar Ratanchand Banthia, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, aga...

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Bombay High Court Dismisses Petition Challenging Jurisdiction in NI Act Case — Place of Dishonour Determines Jurisdiction Under Section 138. Exception for Cases at Section 145(2) Stage Not Applicable as Case Was at Initial Stage.

The petitioner, Sushil Kumar Saxena, was the accused in Criminal Case No. 2361/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri...