Search Results for "notice under section 138"

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

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High Court of Karnataka Quashes 10% Interim Compensation Order Under Section 143A of Negotiable Instruments Act, 1881 — Petitioner Not a Drawer of Cheque. Section 143A applies only to drawer of cheque, not to accused who is not drawer.

The petitioner, V. Krishnamurthy, proprietor of Raghvenk Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

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High Court Allows Accused to File Affidavit in Lieu of Oral Evidence in NI Act Case — Section 145(2) of Negotiable Instruments Act, 1881 Permits Accused to Give Evidence on Affidavit, Reversing Trial Court's Rejection.

The petitioner, Afzal Pasha, was the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pending before the XIV Ad...

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Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

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High Court of Karnataka Quashes Interim Compensation Order Under Section 143A of NI Act and Remands for Reconsideration — Section 311 CrPC Application Rejected as Not Maintainable

The petitioner, accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, challenged two orders passed by the II A...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...