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Search Results for "lost cheques"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

10 May 2024

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

19 Dec 2023

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

Supreme Court

Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

13 Dec 2021

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

High Court

Bombay High Court Allows Writ Petition for Release of Compensation Amount Deposited Under Workmen's Compensation Act, 1923 — Directs Payment to Legal Heirs Without Requirement of Succession Certificate or No-Objection Certificate from Other Heirs. The Court held that the Commissioner for Workmen's Compensation cannot insist on a succession certificate or no-objection certificate from other legal heirs before disbursing compensation to the dependents of the deceased workman under Section 8 of the Workmen's Compensation Act, 1923.

22 Oct 2013

The petitioners, legal representatives of deceased Rajendra Nivrutti Jadhav, filed a Claim Petition under the Workmen's Compensation Act, 1923 before ...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

6 Jul 2006

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

High Court

Bombay High Court Dismisses Suit for Malicious Prosecution — Plaintiff Fails to Prove Malice and Absence of Reasonable and Probable Cause. The court held that the plaintiff must establish both malice and lack of reasonable and probable cause for the prosecution, and that the acquittal in the criminal case does not automatically entitle the plaintiff to damages.

27 Apr 2005

The plaintiff, Shyam Sunder Bubna, filed a suit for malicious prosecution against M/s. Savani Transport Private Limited and its branch manager, Akhtar...

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