Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Complaint Under Section 138 NI Act — High Court Exceeded Section 482 CrPC Jurisdiction by Deciding Disputed Facts on Partnership Retirement Without Trial. The Court Held That Statutory Compliance Under Partnership Act Is Essential for Effective Retirement and That Allegations of Involvement in Firm's Affairs Satisfy Section 141 NI Act.

19 May 2025

The Supreme Court allowed the appeal filed by Shivappa Reddy against the order of the Karnataka High Court which had quashed criminal proceedings unde...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Suppression of Material Facts and Abuse of Process of Law. The court held that suppression of material facts in a complaint under Section 138 of the Negotiable Instruments Act, 1881, constitutes an abuse of process, warranting dismissal without trial.

26 Mar 2025

The dispute arose from a complaint filed by the respondent, a Credit Co-Operative Society, against the appellant under Section 138 of the Negotiable I...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

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 Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

6 Feb 2019

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

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