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High Court of Bombay Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881 as the cheque was given as security for a business transaction.

The case involves an appeal by the complainant, Shankar Jaganath Mane, against the acquittal of the accused, Sikkandar Mohammed Bidiwala, for an offen...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Unreliable Evidence and Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Meera S. Chiplunkar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against the resp...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature are admitted, shifting burden on accused to rebut.

The appellant, Pandurang Ramchandra Ghorpade, filed two criminal appeals against the acquittal of respondent No.1, Vijay Gopala Lohar, in two separate...

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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

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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.

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