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Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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High Court of Bombay at Nagpur Upholds Conviction in Cheque Dishonour Case — Compensation Reduced to Rs. 1,20,000. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 that cheque was issued for discharge of legally enforceable debt.

The case arises from a criminal revision application filed by the accused, Pradeep Nagrale, challenging his conviction under Section 138 of the Negoti...

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Bombay High Court Quashes Externment Order in Bombay Police Act Case Due to Stale Material and Non-Application of Mind. Externment under Section 56(1)(a) and (b) of Bombay Police Act, 1951 set aside as show cause notice relied on only two old cases from 2009 without nexus to petitioner's current behaviour.

The petitioner, Mr. Ajay Manbodhprasad Gupta, filed a writ petition challenging an externment order dated 20th February 2012 passed by the Deputy Comm...

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Supreme Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption of Legally Enforceable Debt Not Rebutted by Accused Despite Additional Evidence.

The appellant, Sri Sujies Benefit Funds Limited, a chit fund company, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...