Search Results for "Section 141 Negotiable Instruments Act"

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Search Results for "Section 141 Negotiable Instruments Act"

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High Court

High Court of Karnataka Examines Quashing of Cheque Dishonour Proceedings for Lack of Specific Averments Under Section 141 NI Act. Directors Contend Complaints Merely Name Them Without Alleging Active Role in Day-to-Day Affairs.

1 Jul 2026

The case concerns multiple criminal petitions filed by Kavitha Chopra and Dhirendra Chopra, directors of OSIA Hyper Retail Limited, seeking to quash p...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

1 Apr 2026

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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...

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...

Supreme Court

Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director.

9 Dec 2022

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable ...

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 Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

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...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. The court held that under Section 141 of the Negotiable Instruments Act, 1881, directors cannot be held liable without specific allegations that they were in charge of and responsible for the conduct of business of the company.

10 Jan 2019

The petitioners, Rakesh P. Gupta and Shishir Prabhakar Dharkar, were directors of a private limited company accused in two separate complaints under S...

High Court

High Court of Judicature at Bombay Considers Application Under Section 482 CrPC Seeking Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881. Applicant Challenges Vicarious Liability Under Section 141 and Compliance with Section 202 CrPC Inquiry in Cheque Dishonour Case.

13 Oct 2017

The applicant preferred a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the proceedings in a complaint u...

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