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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Stands Unless Accused Rebuts with Probable Defence.

The appellant, Dilip Virumal Ahuja, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish existence of debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Smt. Tasneem Murshedkar Mazhar, was the original complainant in a summary criminal case under Section 138 of the Negotiable Instruments...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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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 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...