Search Results for "Security Cheque"

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Search Results for "Security Cheque"

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High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Bounce and Forgery Case Due to Lack of Evidence and Abuse of Process. Court holds that mere issuance of cheque without proof of legally enforceable debt or signature forgery cannot sustain prosecution under Sections 138, 420, 467, 468, 471 IPC and Section 138 of Negotiable Instruments Act.

10 Jun 2021

The judgment pertains to two criminal writ petitions filed by Rishi Prabha Ranjitkumar Prasad and Ranjit Kumar Prasad seeking quashing of FIR No. 274 ...

High Court

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.

23 Nov 2020

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...

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

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt or Liability. Acquittal of Accused Under Section 138 of Negotiable Instruments Act, 1881 Upheld as Complainant Did Not Establish Legally Enforceable Debt.

13 Jul 2018

The appellant, Nupur Sales Corporation, filed a criminal appeal against the judgment and order dated 19.06.2015 passed by the Judicial Magistrate Firs...

High Court

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.

12 Jan 2010

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...

High Court

Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Appeal Dismissed as Loan Not Established as Legally Recoverable Debt Under Section 138 Negotiable Instruments Act, 1881.

14 Aug 2015

The appellant, Girdhari Parmanand Motiani, filed two criminal appeals against the acquittal of the respondents, Vinayak Bhagwan Khavnekar and another,...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Appellate Court Erred in Reversing Conviction Without Properly Appreciating Evidence and Rebuttal of Presumption.

13 Jun 2023

The case involves two appeals filed by the original complainant, Mrs. Usha Hiralal Kanojia, against a common judgment of the Additional Sessions Judge...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

20 Nov 2020

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption.

30 Aug 2013

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree S...

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