Search Results for "Dishonoured cheques"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in Movie Investment Dispute Under Section 420 IPC Due to Lack of Dishonest Intention at Inception. Investment in movie production with profit-sharing agreement constitutes civil dispute, not cheating, as movie-making involves inherent risk and promise was fulfilled, with dishonoured cheques issued for existing obligation, not inducement.

19 Mar 2026

The appeal arose from a criminal case where the appellant, a movie producer, borrowed funds from the second respondent on the promise of sharing profi...

High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

High Court

High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

21 Jan 2026

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

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 Allows Transfer of Cheque Dishonour Cases Under Section 406 Cr.P.C. for Joint Trial in New Delhi. Transfer Power Under Section 406 Cr.P.C. Remains Intact Despite Non Obstante Clause in Section 142(1) of Negotiable Instruments Act, 1881, as All Cases Arose from Single Transaction to Avoid Contradictory Findings.

26 Apr 2025

The Supreme Court addressed transfer petitions filed under Section 406 of the Code of Criminal Procedure, 1973, by Yogesh Upadhyay and his proprietary...

Supreme Court

Supreme Court Reinstates FIR in Alleged Fraud Case Against Company Directors - High Court's Quashing of FIR Under Section 482 CrPC Set Aside as Dispute Involves Prima Facie Offences Under Sections 420, 406, 120B IPC. The Court Held That Allegations of Cheating, Criminal Breach of Trust, and Conspiracy, Including Dishonoured Cheques and False Promises, Disclosed Cognizable Offences, Making the Dispute Not Purely Civil in Nature.

23 Apr 2025

The dispute originated from business transactions between the appellant, representing a polymer supply company, and the respondents, a cable manufactu...

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, ...

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 ...

Supreme Court

Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

4 Mar 2025

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

Supreme Court

Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

4 Mar 2025

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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