Search Results for "payee's bank account"

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Search Results for "payee's bank account"

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High Court

High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

22 Oct 2019

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Complainant Company's Loan to Employee and Cheque Issuance for Repayment Established, Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

31 Jan 2019

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, M.V. Joseph, a ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

4 Jul 2019

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

16 Aug 2019

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Presentation of Cheque at Drawee Bank's Branch Confers Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented for collection and dishonour intimation is received determines jurisdiction, not the accused's residence.

15 Jun 2011

The case involves a criminal writ petition filed by the accused (Narendramal Bafna and Coventry Spring & Engineering Company Limited) challenging the ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

High Court

Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

25 Apr 2023

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

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