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High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Defendant's Failure to Comply with Conditional Leave to Defend Results in Entitlement to Judgment Forthwith.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

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Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...