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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 was not committed within its jurisdiction as the cheque was presented and dishonoured outside Maharashtra.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 514...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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Karnataka High Court Reserved Order on Petition to Quash Criminal Case Against ACC Directors for Legal Metrology Act Violations. Non-Impleadment of Company and Lack of Inquiry Under Section 202 Cr.P.C. Raised as Key Grounds.

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was filed by ACC Limited, a cement manufacturer, and its Man...

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Bombay High Court Allows Plaintiff to Delete Prayers for Attachment Before Judgment in Commercial Summary Suit — Amendment Held Not to Prejudice Defendants' Right to Defend as Framed.

The plaintiff, Jwaladutta Jankidas HUF, filed a commercial summary suit against the defendants, Jayant Bhavanji Soni and another, seeking certain reli...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Non-Compliance of Section 138 Notice Requirements. Notice sent to Director at residential address not shown as registered office or known address under Section 138 NI Act, 1881.

The applicant, Shehzad Valimohammad Merchant, was a director of Landmark Real Estate Developers Limited. The company entered into a Memorandum of Unde...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Dishonoured Bill of Exchange. Territorial Jurisdiction and Triable Issues Raised by Defendant Warrant Trial Under Order 37 CPC.

The Plaintiff, Tata Capital Financial Services Limited, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, seeking to recover R...

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Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...