Search Results for "Section 138 NI Act"

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 was not committed within its jurisdiction as the cheque was presented and dishonoured outside Maharashtra.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 514...

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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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Bombay High Court Allows Appeals by Complainant's Widow in Cheque Dishonour Cases, Restoring Complaints Dismissed for Non-Prosecution. Held that the Magistrate erred in dismissing complaints under Section 256 CrPC without considering the death of the original complainant and the request for substitution.

The appellant, Smt. Nirmal Dewan, is the widow of Shri Trilok Dewan, who had filed three separate complaints against the respondent, Anand Shroff, all...

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Bombay High Court Allows Quashing of Trial Court Order in NI Act Case — Objections to Marking of Documents Must Be Decided Then and There. Trial Court's Deferral of Objections to Final Stage Held Contrary to Law Under Section 138 of Negotiable Instruments Act, 1881.

The applicants, M/s. Nexus Minmet Merchandising Private Limited and its directors, were facing a complaint under Section 138 of the Negotiable Instrum...

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Bombay High Court Allows Revision Against Trial Court's Order Permitting Re-examination of Complainant's Witness in NI Act Case. Court holds that once a witness is discharged, recalling for further examination is impermissible without justifiable cause under Section 311 CrPC.

The applicant, Anil s/o Govindrao Chaudhari, challenged two orders passed by the Judicial Magistrate, First Class, Nagpur dated 14/9/2012 and 15/01/20...

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Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Stop Payment Instruction Does Not Absolve Drawer of Liability When Cheque Was Issued for Discharge of Legally Enforceable Debt.

The appellant, Kamal Babulal Sharma, filed a criminal appeal against the judgment and order dated 08/06/2001 passed by the 9th Judicial Magistrate, Fi...