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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

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Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased — Compensation of Rs.79,500/- Upheld. Notional Income of Rs.15,000 per annum applied for a 6-year-old child under Motor Vehicles Act, 1988, Section 166, but no enhancement allowed without cross-appeal.

The appeal was filed by the National Insurance Co. Ltd. against the judgment and order dated 11/11/2005 of the Motor Accident Claims Tribunal, Wardha,...