Search Results for "payee's bank account"

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Search Results for "payee's bank account"

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High Court

High Court of Karnataka Examines Criminal Appeal Against Acquittal Under Section 138 of Negotiable Instruments Act on Ground of Erroneous Cheque Number in Legal Notice. The Court Highlights That Mismatch of Cheque Number in the Statutory Notice and Complaint Amounts to a Material Defect Affecting the Validity of the Prosecution Under the N.I. Act.

4 Nov 2020

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that he lent Rs.2,00,000/- to the...

Supreme Court

Supreme Court Allows Complainant in Negotiable Instruments Act Case by Reversing High Court's Quashing of Cognizance. Authorized Representative's Complaint Held Competent Under Section 142 as Payee Company Filed Through Knowledgeable Manager, Despite Lack of Explicit Averments, Restoring Magistrate's Order.

22 Feb 2022

The dispute arose from a cheque dishonour case under the Negotiable Instruments Act, 1881. The appellant company, as payee, filed a complaint under Se...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

23 Jul 2019

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

High Court

High Court of Karnataka Allows Writ Petition Quashing Banking Ombudsman Order in Demand Draft Cancellation Dispute. Petitioner Entitled to Cancellation of DD and Credit of Amount with Interest as RBI Circulars Permit Cancellation After Three Months and Complaint Was Within Limitation.

25 Nov 2024

The petitioner, Doddaballapur Spinning Mills, a company registered under the Companies Act, 1956, held a current account with ICICI Bank Ltd. (respond...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

16 Jul 2018

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

High Court

Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

29 Aug 2011

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

High Court

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.

15 Jun 2021

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 ...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

24 Feb 2010

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

Supreme Court

Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

1 Jan 1970

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption.

30 Aug 2013

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree S...

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