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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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High Court of Karnataka Quashes Complaint in Cheque Dishonour Case Due to Delayed Statutory Notice. Notice Issued Beyond 30 Days from Cheque Dishonour Renders Complaint Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Smt. M. Shashikala, was facing trial in a complaint filed by the respondent, Sri Krishna Murthy, under Section 138 of the Negotiable I...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act as Material Alteration Defence Fails Due to Drawer’s Knowledge. Court Relies on Accused’s Own Photocopy Showing Alteration to Conclude That Alteration Pre-Existed Issuance, Thus No Violation of Section 87.

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent against the petitioner for dishonou...