Search Results for "Aneeta Hada"

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High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

10 Jul 2026

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

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. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Karnataka High Court Hears Writ Petition Challenging Criminal Complaint Under Factories Act; Occupier Contends Non-Joinder of Company and Lack of Order Viciate Proceedings Under Section 7A(2)(c) of the Factories Act, 1948.

6 Dec 2021

The petitioner, the occupier of M/s Toyota Kirloskar Motor Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution read ...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Director in Minimum Wages Act Case Due to Lack of Vicarious Liability. Complaint Failed to Establish Director Was In-Charge of Company's Business Under Section 22C of Minimum Wages Act, 1948, Making Prosecution Unmaintainable.

29 Oct 2021

The dispute arose from a criminal complaint filed against Dayle De'Souza, a director of Writer Safeguard Pvt. Ltd., alleging violations of the Minimum...

High Court

Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained.

2 May 2019

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

29 Jan 2016

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

High Court

Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business.

29 Jan 2016

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Sectio...

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