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Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

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Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...