Search Results for "drawee bank jurisdiction"

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Search Results for "drawee bank jurisdiction"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence.

25 Jun 2021

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Under Section 138 NI Act Upheld. Accused Failed to Rebut Presumption of Legally Enforceable Debt or Discharge, and Signature on Cheque Was Admitted.

15 Jun 2021

The case involves a criminal revision petition filed by R. Hanumantharaya (the accused) against the judgment and order dated 02-01-2019 passed by the ...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

12 Nov 2019

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

High Court

Bombay High Court Quashes Interim Compensation Order in Dishonour of Cheque Cases Due to Lack of Application of Mind by Magistrate. Magistrate directed to pass reasoned order after considering defence that cheques were given as security in matrimonial dispute.

7 Aug 2019

The petitioner, Prakash Nanji Thakkar, filed five criminal writ petitions challenging an order dated 06/06/2019 passed by the learned Metropolitan Mag...

High Court

High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

5 Aug 2016

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

High Court

Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

7 Aug 2015

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Debt and Lack of Proper Service of Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Legally Enforceable Debt and Notice Was Not Properly Served.

25 Apr 2014

The revision petition was filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a ch...

High Court

Bombay High Court Allows Complainant's Petition in NI Act Case — Revisional Court Cannot Set Aside Process on Unpleaded Territorial Jurisdiction Ground. The court held that the revisional court exceeded its jurisdiction by considering an issue not raised in the revision memo, violating principles of natural justice.

21 Jun 2013

The petitioner, Sagar Ravan Pujari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Vasuda Nandan ...

High Court

Bombay High Court Dismisses Accused's Revision Against Process Issued Under Section 138 NI Act — Cheque Dishonour Case Based on Loan Transaction. The court upheld the Magistrate's order issuing process as the complaint disclosed a prima facie case under Section 138 of the Negotiable Instruments Act, 1881.

5 Jul 2010

The applicant, Nitesh Jayantilal Jain, was the original accused in a complaint filed by respondent No.2, Hasmukh Kanji Gala, under Section 138 of the ...

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