Search Results for "holder in due course"

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Search Results for "holder in due course"

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High Court

Bombay High Court Dismisses Petition to Quash FIR in Cheque Dishonour Case — Petitioner Not a Payee or Holder in Due Course Under Section 138 of Negotiable Instruments Act, 1881. SBI Global Factors Limited, as a factor, cannot maintain complaint under Section 138 NI Act as it is not the payee or holder in due course of the dishonoured cheques.

3 Mar 2021

The petitioner, SBI Global Factors Limited, a factoring company, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881,...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act. Cooperative Bank Held to Be Holder in Due Course and Service of Notice by UPC Valid.

15 Dec 2015

The appellant, The Karad Urban Cooperative Bank Limited, filed a complaint against respondent no.1, Sunil Laxman Dalvi, alleging an offence under Sect...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Complaint Not Filed by Payee Company. The complaint was filed by an individual who was not the payee or holder in due course, rendering the prosecution invalid under Section 142(a) of the Negotiable Instruments Act, 1881.

3 Aug 2015

The appellant, Bhupesh Rathod, filed a complaint against respondent no.1, Dayashankar Prasad Chaurasia, alleging an offence under Section 138 of the N...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Dishonour of Cheque Case — Complaint Filed by Company Not Maintainable as Complainant Was Not Holder in Due Course. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 is not maintainable when the complainant is not the payee or holder in due course of the cheque.

1 Jul 2014

The petitioners, accused Nos. 3 and 4 in C.C. No. 25456/2009 on the file of XIII ACMM, Bangalore, filed two petitions under Section 482 of the Code of...

High Court

Bombay High Court Dismisses Appeal in Cheque Bounce Case Due to Lack of Locus Standi — Complainant Not Proprietor or Holder in Due Course. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, must be filed by the holder in due course or the authorized power of attorney holder, and the appellant, who falsely claimed to be the proprietor, had no locus standi.

19 Sep 2013

The appellant, Upendra Devendra Lad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondents, including M...

High Court

Bombay High Court Allows Recovery Suit by Bank Against Company for Dishonour of Bill of Exchange — Bank Entitled to Claim Amount with Interest as Holder in Due Course. The plaintiff bank negotiated and discounted a bill of exchange drawn by the defendant company; upon dishonour, the bank as holder in due course was entitled to recover the bill amount with interest.

17 Mar 2006

The plaintiff, Bhumiputra Commerce Bank (originally Patel Holdings Sendirian Berhad, Penang), filed a suit for recovery of Rs.29,62,400/- with interes...

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