Search Results for "cheque dishonor"

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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.

The case concerns multiple criminal petitions filed by Kavitha Chopra and Dhirendra Chopra, directors of OSIA Hyper Retail Limited, seeking to quash p...

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High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

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High Court Quashes Process Against Accused in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction and Limitation Bar. Complaint Filed Beyond Limitation After Return for Want of Jurisdiction Cannot Be Entertained Without Fresh Cognizance.

The applicants, original accused Nos. 2 to 4, challenged the order dated 18.06.2016 passed by the Judicial Magistrate First Class, Gangapur, issuing p...

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Supreme Court Allows Appellant to File Complaints at Mangalore Under Section 138 NI Act. Territorial Jurisdiction Under Section 142(2)(a) of the Negotiable Instruments Act, 1881 Vests in Court Where Payee Maintains Bank Account, Not Where Cheque Deposited for Collection.

The appeals arose from the Supreme Court of India, Sanjay Kumar and Satish Chandra Sharma JJ., involving criminal complaints under Section 138 of the ...

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

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...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

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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.

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) ...