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Search Results for "dishonour of cheque"

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High Court

Bombay High Court Allows Complainant's Application to Mark Xerox Copy of Cheque as Exhibit in NI Act Case. Court holds that secondary evidence of a cheque is admissible under Section 146 of the Negotiable Instruments Act, 1881, and the trial court erred in refusing to mark the xerox copy as an exhibit.

5 Dec 2013

The applicant, Shobhasingh Premsingh Sandhu, filed a criminal application in the High Court of Bombay at Aurangabad against the State of Maharashtra a...

High Court

High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

30 Nov -0001

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

High Court

Bombay High Court Allows Leave to Appeal in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Court holds that dishonour of cheque on ground of 'account closed' constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the complainant need not prove that the cheque was presented within validity period if the accused fails to raise the issue at trial.

14 Oct 2013

The applicant, M/s. V. A. Enterprises, through its proprietor Ashok Pundalik Suryavanshi, filed a criminal application seeking leave to appeal against...

High Court

Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

22 Oct 2013

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. The court upheld the concurrent findings of the trial and appellate courts that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881.

5 Dec 2022

The petitioner, M/s. Pradhan Mercantile Pvt. Ltd., filed a complaint under Section 200 Cr.P.C. against the respondents, M/s. Virgin Apparels and its p...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Mandatory Pre-Litigation Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The statutory notice must demand payment of the cheque amount; a notice that only threatens legal action is invalid and cannot sustain prosecution.

21 Oct 2022

The petitioner, Sri M. Gopal, was the accused in C.C. No. 561/2016 pending before the Principal Civil Judge and JMFC, Mulabagal, arising out of P.C.R....

High Court

High Court of Karnataka Quashes Cognizance Orders in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that when a demand notice sent by registered post is returned as 'unclaimed', the complainant must prove deliberate avoidance by the accused to sustain cognizance under Section 138 of the Negotiable Instruments Act, 1881.

21 Sep 2022

The petitioner, Sri H.N. Nagaraj, filed multiple criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

High Court

Bombay High Court Allows Petition in Defamation Case — Quashing of Process Under Section 500 IPC Set Aside. Complaint Alleging Defamation by Issuance of Cheque Without Sufficient Funds Not Barred by Dishonour of Cheque Proceedings Under Section 138 of Negotiable Instruments Act.

12 Jun 2013

The petitioner, a business entity, filed a criminal complaint against the respondent alleging defamation under Section 500 of the Indian Penal Code, 1...

High Court

Bombay High Court Dismisses Quashing Petitions in Cheque Dishonour Cases — Reiterates That Rebuttable Presumption Under Section 139 of NI Act Stands Until Accused Proves Otherwise. The court held that at the quashing stage, the accused cannot rely on defence evidence to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, and the complaints must proceed to trial.

25 Mar 2013

The applicant, Subhash Birdichand Patni, filed two criminal applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing o...

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