Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Complainant's Evidence Sufficient to Prove Debt and Liability Despite Accused's Defence of Property Dispute.

28 Jul 2023

The appellant, Smt. F. Chandra, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 0...

High Court

High Court of Karnataka Quashes Criminal Revision Order in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Period Under Section 138 of Negotiable Instruments Act, 1881. Complaint Filed Before Expiry of 15-Day Notice Period Held Invalid, Proceedings Quashed Under Section 482 CrPC.

9 Feb 2023

The petitioners, accused in a cheque dishonour case, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set ...

High Court

High Court of Bombay at Goa Allows Revision in Cheque Bounce Case, Holding Benami Transaction Does Not Bar Prosecution Under Section 138 NI Act. The court restored the Magistrate's order issuing process, ruling that the existence of a legally enforceable debt is a triable issue and cannot be decided summarily at the stage of process.

24 Nov 2006

The petitioner, Mohamad Naushad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Anthony Carvalho,...

High Court

High Court of Bombay at Goa Allows Complainant's Revision in Cheque Bouncing Case, Restores Order Issuing Process Against Accused. Sessions Court Erred in Holding Cheque Was Given as Security Without Trial.

19 Oct 2006

The complainant, M/s Travel Force, a division of M/s Hede Consultancy Co. Ltd., filed a criminal complaint against Dr. Mohan N. Bhave under Section 13...

High Court

High Court of Bombay at Goa Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption that the cheques were issued for a legally enforceable debt, and the trial court's acquittal was erroneous.

19 Oct 2006

The case involves a criminal appeal filed by the complainant, Shanaz D'Souza, against the acquittal of the accused, Sheikh Ameer Saheeb, under Section...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Cheque Dishonour Due to Stop Payment. Accused's Defence of Agreement Breach Fails as Stop Payment Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

27 Sep 2006

The case involves a criminal revision petition filed by the accused, Gabriel Peter D'Souza, challenging his conviction under Section 138 of the Negoti...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted. The court held that the accused failed to rebut the statutory presumption that the cheque was issued for discharge of a debt or liability, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Sep 2006

The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused-respondent issued a c...

High Court

Bombay High Court Allows Accused's Application in Cheque Dishonour Case — Complaint Filed at Place Where Cheque Presented for Encashment Not Maintainable. Jurisdiction for Offence Under Section 138 of Negotiable Instruments Act, 1881 Lies Only with Court Having Territorial Jurisdiction Over Drawee Bank Branch Where Payee Maintains Account.

4 Sep 2006

The applicant, Ahuja Nandkishore Dongre, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Stop Payment Instruction Constitutes Offence Under Section 138 of Negotiable Instruments Act, 1881. The court held that the drawer who stops payment of a cheque cannot escape liability if the cheque is dishonoured, and the presumption of a legally enforceable debt under Section 139 NI Act was not rebutted.

31 Aug 2006

The appellant, M/s P. V. Constructions, through its proprietor S. Venugopalan, filed a criminal appeal against the acquittal of the respondent, K. J. ...

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