Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

Bombay High Court Dismisses Petition Seeking Single Conviction for Multiple Cheque Dishonours — Default Sentences Ordered Consecutively. Each cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 is a distinct offence, and default sentences under Section 357(3) of the Code of Criminal Procedure, 1973 can run consecutively.

5 May 2026

The petitioner, Cyrus Noshirwan Kartak, was a director of Mintaur Engineering Private Ltd. The respondent-complainant sold and delivered goods to the ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Parole Eligibility Rule in Negotiable Instruments Act Case. Rule 14 of Maharashtra Prisons (Furlough and Parole) Rules, 2024 requiring one year actual imprisonment for parole eligibility held valid; petitioner convicted under Section 138 of Negotiable Instruments Act, 1881 not entitled to parole before completing one year.

4 May 2026

The petitioner, Vinodkumar Chellappan Pillai, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Circu...

High Court

High Court of Karnataka Dismisses Section 482 Cr.P.C. Petition Against Conviction Under Section 138 NI Act — Statutory Appeal Under Section 374 Cr.P.C. Is the Proper Remedy. Inherent powers under Section 482 Cr.P.C. cannot be used as an alternative remedy when a statutory appeal is available.

14 Feb 2023

The petitioner, Vuppalapati Satish Kumar, was accused No.2 in C.C.No.22746/2017 before the XXVII Additional Chief Metropolitan Magistrate, Bengaluru. ...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

3 Feb 2023

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

High Court

Bombay High Court Allows Accused's Application for Handwriting and Ink Age Expert Opinion in Cheque Dishonour Case — Blank Signed Cheque Defence Requires Expert Examination. The court held that when the accused admits his signature but claims the cheque was blank and given as security, the cheque must be sent for expert opinion to determine if the body was filled in later.

30 Jan 2014

The petitioner, Ankush Gopinath Ghogare, is the accused in S.C.C. No. 328/2007 pending before the Judicial Magistrate (First Class), Beed, for an offe...

High Court

Bombay High Court Allows Restoration of Complaint Dismissed for Default in Section 138 NI Act Case — Magistrate's Order Without Notice to Complainant Held Illegal. The Court held that dismissal of a complaint for default without notice to the complainant is illegal and restored the complaint under inherent powers.

28 Jan 2014

The applicant, Agasti Sarv Seva Sangh, filed a criminal complaint against the respondent, Kailas Rathod, alleging offences under Section 138 of the Ne...

High Court

Bombay High Court Allows Accused's Application for Handwriting Expert Opinion in Cheque Dishonour Case — Rejection by Magistrate Based on Assumption of Blank Signed Cheque Not Sustainable. The identity of handwriting on the cheque is relevant in a Section 138 NI Act prosecution, and the accused is entitled to seek expert opinion when he specifically denies the handwriting and signature.

6 Jan 2014

The petitioner, Sharad Sangle, is the accused in S.T.C. No. 584/2011 pending before the Judicial Magistrate (First Class), Kopargaon, for an offence u...

High Court

Bombay High Court Allows Quashing of Complaint Under Section 138 NI Act Due to Non-Compliance with Mandatory Notice Requirements. Dishonour of Cheque Complaint Quashed as Notice of Demand Was Not Served Within 15 Days of Receipt of Information of Dishonour as Required Under Section 138(b) of Negotiable Instruments Act, 1881.

22 Dec 2006

The applicant, Smt. Ramilaben Trikamlal Shah, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 agains...

High Court

Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

30 Nov -0001

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

High Court

Bombay High Court Quashes FIRs in Multiple Cheque Bounce Cases Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. Court holds that failure to refer disputes to mediation before taking cognizance renders criminal proceedings invalid.

30 Nov -0001

The Bombay High Court dealt with multiple writ petitions under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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