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Gujarat High Court Upholds Conviction in Cheque Bounce Case — Presumption Under Section 139 NI Act Stands Unless Rebutted by Accused. Accused Failed to Rebut Presumption of Legally Enforceable Debt; Conviction Under Section 138 NI Act Confirmed.

The case involves a criminal revision application filed by the accused, Rajubhai Kalidas Chunara, challenging his conviction under Section 138 of the ...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

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Bombay High Court Dismisses Petitions Challenging Process in Dishonour of Cheque Cases Against Directors of Co-operative Society. Vicarious Liability Under Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Day-to-Day Affairs.

The judgment arises from two criminal writ petitions filed by the petitioners, who are directors of a co-operative society, challenging the orders pas...

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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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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...