Search Results for "Cheque Dishonour"

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Search Results for "Cheque Dishonour"

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High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that once the cheque and signature are admitted, the presumption of a legally enforceable debt arises, and the accused must rebut it with evidence.

8 Aug 2018

The appellant, Vandana Pandey, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abhilasha Pande, al...

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...

Supreme Court

Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

15 Apr 2026

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

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 ...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. The court held that the appellate court erred in reversing the trial court's conviction without considering the mandatory presumption under Section 139 of the Negotiable Instruments Act, 1881 and the validity of notice under Section 138.

8 Sep 2023

The case involves two criminal revision petitions filed by M/s. Nazama Traders (petitioner) against M/s. Arihant Marketing (respondent) under Section ...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

6 Mar 2025

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Quashes Order in Cheque Dishonour Case for Lack of Territorial Jurisdiction — Complaint Filed at Aurangabad Not Maintainable as Cheque Was Drawn and Presented at Pune. Territorial Jurisdiction Under Section 138 Negotiable Instruments Act, 1881 Determined by Place of Presentation and Dishonour, Not Complainant's Registered Office.

10 Aug 2011

The petitioner, Rajendra Marga Gaikwad, proprietor of Yashraj Agencies at Pune, was the original accused in a complaint filed by Kail Limited (formerl...

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