Search Results for "Section 141 Negotiable Instruments Act"

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Search Results for "Section 141 Negotiable Instruments Act"

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High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averment of Their Responsibility at Time of Cheque Issuance.

23 Feb 2023

The applicants, Mukund Ajay Kumar Choudhary, Kapil Ajay Kumar Choudhary, and Ajay Kumar Choudhary, were directors of CLC Industries Ltd., the accused ...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2022

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

High Court

Bombay High Court Quashes Process Issued Against Accused in Dishonour of Cheque Cases Due to Lack of Averments Regarding Debt or Liability. The Court held that the complainant failed to make specific averments that the cheques were issued towards discharge of a legally enforceable debt or liability, which is essential under Section 138 of the Negotiable Instruments Act, 1881.

6 Aug 2019

The applicant, Kamalkishor Shrigopal Taparia, filed four criminal applications challenging the orders passed by the learned Metropolitan Magistrate, 2...

High Court

Bombay High Court Quashes Process Against Partners in NI Act Case for Lack of Specific Averments. Complaint failed to disclose specific role of partners in cheque issuance, making prosecution an abuse of process.

8 Feb 2019

The applicants, Shivangi Garg and Indu Navin Agrawal, were arrayed as accused 3 and 4 in Criminal Complaint 1224 of 2015 filed by Anuj Shrikant Tabere...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Company Affairs at Relevant Time Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Averments Under Section 141.

16 Jan 2019

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by H.S. Bedi (petitioner in Crl.P.No.6...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not In Charge of or Responsible for Conduct of Business at Relevant Time Under Section 141 of Negotiable Instruments Act, 1881.

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 Dismisses Complainant's Petition and Allows Accused's Petition in Cheque Dishonour Case — Held That Complaint Under Section 138 of Negotiable Instruments Act, 1881 Must Be Filed by Payee or Holder in Due Course, Not by Third Party Without Authority. The Court Quashed Process Against Directors Due to Lack of Specific Averments of Their Role in Conduct of Business Under Section 141 of the Act.

29 Apr 2011

The judgment arises from two petitions concerning Criminal Case No.290/SS/2008 pending before the Metropolitan Magistrate, 58th Court at Bandra, relat...

High Court

Bombay High Court Allows Quashing of Proceedings in Cheque Dishonour Case Due to Lack of Vicarious Liability of Partners and Employees. Partners and employees not shown to be in charge of or responsible for conduct of business at time of offence under Section 138 of Negotiable Instruments Act, 1881.

10 Jul 2007

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

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

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