Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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High Court

High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

9 Oct 2023

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. The court held that the appellate court erred in reversing the trial court's conviction without considering the mandatory presumption under Section 139 of the Negotiable Instruments Act, 1881 and the validity of notice under Section 138.

8 Sep 2023

The case involves two criminal revision petitions filed by M/s. Nazama Traders (petitioner) against M/s. Arihant Marketing (respondent) under Section ...

High Court

High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

1 Jun 2022

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

High Court

High Court of Karnataka Quashes Proceedings in Cheque Bounce Case Involving Rs. 2 Crore Cash Loan — Finds Complaint Barred by Limitation and Lacks Prima Facie Case Under Section 138 NI Act. The court held that the complaint was an abuse of process as the transaction was improbable and the complaint was filed beyond the limitation period.

17 Feb 2022

The petitioner, Smt. Vijaya, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

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 ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

15 Sep 2006

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

High Court

Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

18 Jul 2006

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

High Court

Bombay High Court Quashes Criminal Complaint for Cheque Dishonour Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act Requirements. The court held that the complaint did not disclose essential ingredients of the offence under Section 138 of the Negotiable Instruments Act, 1881, as the demand notice was not properly served and there were no specific averments against the partners.

12 Jul 2006

The applicants, M/s D.P. Jain & Co., a partnership firm, and its partners Girish Jain, Dharampal Jain, and Deepak Jain, filed an application under Sec...

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