Search Results for "Section 138"

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Search Results for "Section 138"

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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 Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Disposes Special Leave Petition in Negotiable Instruments Act Case Based on Consensual Settlement Terms. Court Accepted Fair Settlement Including Payment of 20% Deposited Amount and Rs.9.50 Lakhs in Installments, Clarifying No Impact on Pending Arbitration Proceedings Under Section 138 of Negotiable Instruments Act, 1881.

21 Apr 2025

The Supreme Court disposed of a Special Leave Petition filed by the complainant challenging the High Court of Karnataka's judgment that had set aside ...

Supreme Court

Supreme Court Acquits Accused in Employees' State Insurance Act Case Due to Insufficient Evidence on Principal Employer Role and Non-Deposit of Contributions. Conviction under Section 85(i)(b) of Employees' State Insurance Act, 1948 Set Aside as Prosecution Failed to Prove Accused Deducted and Failed to Deposit ESI Contributions from Employees' Wages.

17 Apr 2025

The appeal arose from a criminal conviction under the Employees' State Insurance Act, 1948. The appellant, along with the company, was accused of fail...

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 Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

2 Apr 2025

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

Supreme Court

Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

1 Apr 2025

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

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 ...

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