Search Results for "section 138 ni act"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "section 138 ni act"

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High Court

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.

20 Mar 2015

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

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — RTGS System Does Not Expand Concept of Drawee Bank Under Section 138 of Negotiable Instruments Act, 1881. The court held that the drawee bank is the branch on which the cheque is drawn, and the RTGS system does not confer jurisdiction on courts where other branches dishonour the cheque.

13 Jan 2015

The petitioner, Smt. Sangita wd/o Ajay Shah, filed a Criminal Writ Petition before the Bombay High Court challenging the territorial jurisdiction of t...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — RTGS System Does Not Expand Concept of Drawee Bank. The court held that the drawee bank remains the branch on which the cheque is drawn, and the RTGS system does not alter territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881.

13 Jan 2015

The petitioner, Smt. Sangita wd/o Ajay Shah, filed a criminal writ petition challenging the territorial jurisdiction of the Judicial Magistrate, First...

High Court

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.

30 Jan 2015

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

High Court

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.

6 Jan 2015

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...

High Court

Bombay High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Magistrate Erred in Acquitting Accused for Complainant's Absence When Advocate Was Present. The court held that the presence of the complainant's advocate was sufficient to proceed under Section 256 CrPC, and the acquittal was not justified.

27 Jan 2015

The applicant, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent nos.2 and 3. The res...

High Court

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.

11 Dec 2025

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

High Court

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.

18 Nov 2025

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

High Court

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.

25 Nov 2014

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

High Court

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.

25 Sep 2014

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...

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