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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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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.

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

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High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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Bombay High Court Quashes Proceedings Against Director in Cheque Dishonour Case for Lack of Specific Allegations. Resignation Prior to Cheque Issuance and Absence of Specific Averments Under Section 141 NI Act Lead to Quashing Under Section 482 CrPC.

The applicant, Vijay Khairatilal Bhatia, was accused No. 5 in a criminal complaint filed by Bhagirath Chandulal Arya (respondent No. 1) under Section ...