Category

Negotiable Instruments Act, 1881
Brief Facts The leave to appeal filed by the Complainant was dismissed by the High Court without granting the leave. The Complainant approached the High Court against the order of acquittal passed by the NI Act Court. Issues Whether an appeal would be maintainable under the proviso to Section 372 of the Code of Criminal...
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Brief Facts The Respondent/Complainant had initiated a complaint dated 02.01.2013 under Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Code, 1860 against appellant for dishonour of cheque dated 22.07.2010. Subsequently, the Respondent had tendered evidence before the learned Trial Court. At that stage, claiming that inadvertently a...
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Brief Facts Three post-dated cheques dated 17.07.2019, 17.09.2019 and 23.09.2019 were issued by the Respondent No. 2 – Company on 12.07.2019. The appellant was the director of Respondent No. 2 – Company from 28.09.2016 to 21.06.2019. Issues Whether a retired director of the Company be held liable for offence under section 138 of the NI...
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Brief Facts The appellant filed a complaint under Section 138 of the NI Act regarding the dishonour of three cheques totaling `14 lakhs. After the complainant’s chief-examination, the appellant sought to amend the complaint to correct a typographical error, changing the description of supplied goods from “Desi Ghee (milk products)” to “milk.” The Trial Court...
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Brief Facts The appellants, Rajesh Viren Shah and Sanjay Babulal Bhutada (Directors of the Company), were implicated as accused individuals in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pertaining to the dishonouring of cheques dated 22 March 2014 issued by the Respondent Company. However, these directors had resigned from the...
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Brief Facts The appellant challenged the rejection of his application under Section 482 CrPC by the Gujarat High Court of a case under Section 138 of the NI Act. The appellant was accused of issuing a cheque for Rs. 10 lakhs that was dishonoured due to “insufficient funds and dormant account.” During trial, the appellant...
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