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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.I.ARUN
Biodiversity Conservation India Private Limited – Appellant
Versus
Vista Itcl (India) Limited – Respondent
ORDER :
M.I. ARUN, J.
1. The aforementioned criminal petitions are filed with the following prayers:
(a) The prayers in Crl.P.No.4086/2019 read as under:
"(A) To quash the order dated 05.11.2018, passed by the Court of XXVII ACMM, Bangalore, taking cognizance against the petitioners herein for the offences punishable under Section 138 of NI Act and issuing summons to the petitioners herein by registering the case in CC No.30012/2018, in the interest of justice and equity.
(B) To quash the proceedings in CC NO.30012/2018, on the file of Court of XXVII ACMM, Bangalore, in the interest of justice and equity.
(C) To pass such other orders/directions deem fit in the facts and circumstances of the case, in the interest of justice and equity.”
(b) The prayers in Crl.P.No.3273/2019 read as under:
"(A) To quash the order dated 26.12.2016 passed by the Court of XXVII ACMM, Bangalore, taking cognizance against the petitioners herein for the offences punishable under Section 138 of NI Act and issuing summons to the petitioners herein by registering the case in CC No.28465/2016, in the interest of justice and equity.
(B) To quash the proceedings in CC NO.28465/2016, on the file of Court of XXVII
A notice under Section 138 of the Negotiable Instruments Act must demand payment from the cheque drawer to the payee and not a third party, or it is deemed invalid.
The judgment emphasizes the importance of trial to determine liability under settlement agreements and the applicability of Section 141 of the N.I. Act. It also clarifies the conditions under which t....
The court's decision emphasized the strict conditions for prosecuting under Section 138 of the Negotiable Instruments Act, 1881, based on the definition of 'payee' and 'holder in due course'.
Statutory notice for cheque dishonor must be issued within prescribed time; failure or competence of complaint representative are factual matters for trial, not grounds for quashing under Section 482....
The liability of the company and its officers under Section 141 of the Negotiable Instruments Act was established based on the specific averments in the complaint and the company's reply, and the cou....
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
A legally enforceable debt must exist at the time of cheque presentation for liability under Section 138 of the N.I. Act to arise.
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