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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; failure to rebut leads to conviction.

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

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High Court of Bombay Enhances Sentence for Cheque Dishonour Offence Under Section 138 of the Negotiable Instruments Act, 1881. Court Rules That Flee-Bite Sentence Defeats Purpose of Enactment When Cheque Amount Remains Unpaid, and Enhances Fine to Ensure Payment to Complainant.

The case arose from a criminal revision application filed before the High Court of Judicature of Bombay, Bench at Aurangabad, challenging the adequacy...

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High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Cases Under Section 378(4) of CrPC. Complainant's Failure to Prove Legally Enforceable Debt and Suppression of Illicit Relationship Undermine Presumption Under Section 139 of Negotiable Instruments Act, 1881.

The case arose from two criminal applications filed by the original complainant seeking leave to appeal under Section 378(4) of the Code of Criminal P...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...