Search Results for "Negotiable Instruments Act Section 138"

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Search Results for "Negotiable Instruments Act Section 138"

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High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the mandatory requirement of service of demand notice at the correct address was not satisfied, rendering the prosecution unsustainable.

10 Nov 2025

The petitioners, M/s. Biodiversity Conservation India Private Limited and its directors, filed two criminal petitions under Section 482 of the Code of...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

High Court

High Court of Karnataka Quashes Complaint Against Directors in Dishonour of Cheque Case — No Vicarious Liability Without Specific Averments. Complaint under Section 138 of Negotiable Instruments Act, 1881 quashed as petitioners were not signatories to the cheque and complaint lacked specific allegations of their role in day-to-day affairs.

8 Jan 2019

The petitioners, Shaju K. Nair and Riya Nair, were directors of M/s. Clariya Marketing Services Private Limited. The respondent, M/s. S.L.V. Steels & ...

High Court

High Court of Karnataka Quashes Complaint Against Managing Director and Director in Dishonour of Cheque Case for Lack of Specific Averments. Failure to Allege Role in Day-to-Day Affairs of Company Renders Prosecution Unsustainable Under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.

8 Jan 2019

The petitioners, Shaju K. Nair (Managing Director) and Riya Nair (Director) of M/s. Clariya Marketing Services Private Limited, filed a criminal petit...

High Court

Bombay High Court Examines Challenge to SEBI Special Court's Rejection of Compounding Application Under Section 24A of SEBI Act. Writ Petition Filed Against Order Denying Compounding of Offence Under Section 24(2) for Non-Payment of Penalty Without SEBI Consent.

30 Oct 2018

The case involved a criminal writ petition filed by N.H. Securities Ltd. and its directors seeking to quash an order of the SEBI Special Court that ha...

High Court

Bombay High Court Quashes Process Against Director in Cheque Dishonour Case Due to Lack of Specific Role in Company Affairs. Petitioner was not in charge of or responsible for conduct of business of the company at the time of offence, essential for vicarious liability under Section 141 of Negotiable Instruments Act, 1881.

17 Mar 2016

The petitioner, Mrs. Lata Pramod Dave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 227 of the...

High Court

Bombay High Court Dismisses Petition Challenging Magistrate's Order Refusing to Issue Process Under Section 406 IPC in License Agreement Dispute. Court Held That Dispute Was Purely Civil in Nature and No Criminal Offence Was Made Out.

29 Jul 2010

The petitioner, Sharan P Khanna, owned certain premises and entered into a license agreement with respondent No.1, Oil & Natural Gas Corporation Ltd. ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted. The court held that the accused failed to rebut the statutory presumption that the cheque was issued for discharge of a debt or liability, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Sep 2006

The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused-respondent issued a c...

High Court

Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

11 Aug 2006

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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