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High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Lack of Liability Proof. Complainant failed to establish legally enforceable debt as accused was not the drawer of the cheque under Section 138 of Negotiable Instruments Act, 1881.

12 Sep 2025

The case involves a criminal revision application filed by Kisan R. Gate, the Power of Attorney holder of Vaishali Sanjay Jaiswal, challenging the acq...

High Court

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.

10 Jul 2026

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...

High Court

Bombay High Court Allows Amendment in Cheque Dishonour Complaint Under Section 138 NI Act — Amendment Sought to Correct Date of Cheque Presentation Does Not Change Nature of Complaint. The court upheld the Magistrate's order allowing amendment to correct typographical error in date of cheque presentation, holding that no prejudice was caused to the accused.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

High Court of Karnataka Quashes Proceedings Against Joint Account Holder in Cheque Dishonour Case — Petitioner Not a Drawer Under Section 138 of Negotiable Instruments Act, 1881. Joint Account Operable as 'Either or Survivor' Does Not Make Non-Drawer Account Holder Liable for Dishonour of Cheque Signed Only by Other Account Holder.

9 Apr 2015

The petitioner, Dr. Manjula Shetty, was arrayed as accused No. 2 in C.C. No. 5254/2012 pending before the XVI Additional Chief Metropolitan Magistrate...

Supreme Court

Supreme Court Dismisses Appeal in Dishonored Cheque Case Under Negotiable Instruments Act, 1881. The court upheld the conviction under Section 138 as the appellant failed to rebut the presumption under Section 139 by establishing a probable defence, despite examining bank officers to challenge the complainant's financial capacity.

7 Mar 2022

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the respondent alleged that the appellant issued a...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

12 Jan 2010

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

4 May 2026

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

15 Feb 2010

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Jurisdiction Lies Where Cheque Is Presented for Collection. The court held that under Section 138 of the Negotiable Instruments Act, 1881, the place where the cheque is presented for collection is a relevant factor for territorial jurisdiction, and the Magistrate at Mumbai had jurisdiction as the cheques were deposited there.

14 Jun 2013

The petitioners, Sharda Polycolours Private Limited and its directors, were accused in a complaint under Section 138 of the Negotiable Instruments Act...

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