Search Results for "notice under section 138"

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High Court of Karnataka Allows Writ Petition Quashing Summons Issued Under Section 126 BNSS for Non-Compliance with Procedural Safeguards. The Court Holds That Executive Magistrate Must First Pass Order Under Section 130 BNSS Before Issuing Summons.

The writ petition before the High Court of Karnataka challenged the summons dated 30.09.2025 issued by the Executive Magistrate (Respondent No.3) unde...

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Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

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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.

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 ...

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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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Karnataka High Court Division Bench Hears Revenue’s Appeals Against Single Judge’s Order Quashing Section 153C Notices; Weighs Maintainability of Writ Petitions and Natural Justice Concerns.

The present judgment arises from a batch of writ appeals filed by the Revenue against a common order dated 12.08.2022 passed by a Single Judge of the ...

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Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...