Search Results for "Negotiable Instruments Act"

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Search Results for "Negotiable Instruments Act"

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High Court

Madras High Court Allows Appeal in Recovery Suit Based on Promissory Note — Discrepancies in Plaintiff's Evidence and Failure to Prove Execution Lead to Dismissal of Suit. The Court held that the plaintiff failed to discharge the initial burden of proving the execution of the promissory note and the consideration, and the discrepancies in the plaintiff's evidence created doubt about the genuineness of the loan transaction.

29 Jun 2026

The appeal arises from a suit for recovery of money filed by the plaintiff, a money lender, against the defendants based on a promissory note dated 05...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act, Reduces Sentence to Period Already Undergone, and Enhances Compensation to Rs. 10 Lakhs. The court held that the presumption of legally enforceable debt under Section 139 NI Act was not rebutted, and compensation was enhanced to meet the ends of justice.

8 Aug 2023

The case arises from two criminal revisions filed against the judgment of the Additional Sessions Judge, Aurangabad, in appeals arising from a convict...

High Court

High Court of Karnataka Quashes Cognizance Orders in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that when a demand notice sent by registered post is returned as 'unclaimed', the complainant must prove deliberate avoidance by the accused to sustain cognizance under Section 138 of the Negotiable Instruments Act, 1881.

21 Sep 2022

The petitioner, Sri H.N. Nagaraj, filed multiple criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

High Court

Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

14 Mar 2019

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case, Reduces Fine Amount. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding cheque issued for repayment of loan.

21 Aug 2018

The case arises from a complaint filed by M/s. Meenakshi Developers (respondent/complainant) against Sri V.V. Chari (petitioner/accused) under Section...

High Court

Bombay High Court Allows Discharge of Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Presentation Absolves Liability Under Section 138 NI Act. Petitioner ceased to be director before cheque date, thus not liable as 'person in charge' under Section 141 NI Act.

13 Aug 2012

The petitioner, Bindu Kumar Mehta, was accused no.3 in Criminal Case No.1009/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri, ...

High Court

Bombay High Court Quashes Process in Negotiable Instruments Act Case Due to Non-Discharge of Initial Burden by Complainant. The court held that the complainant failed to prove the existence of a legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881, and therefore the criminal proceedings were an abuse of process.

5 Aug 2011

The applicant, Santdas Sadoromal Chawla, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the order is...

High Court

Bombay High Court Allows Compounding of Offence Under Section 138 of Negotiable Instruments Act, 1881, Quashes Conviction and Sentence in Cheque Dishonour Case. Parties Compromise During Revision, Court Permits Compounding and Acquits Accused.

20 Jul 2011

The applicant, Santosh s/o Namdevrao Patait, was the original accused in a complaint filed by respondent no.2, Narhari s/o Devrao Komatwar, under Sect...

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