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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Debt Legally Enforceable. 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, Sri K.T. Krishnappa, against his conviction under Section 138 of the Negotiable I...

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High Court of Karnataka Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Complainant Bank Failed to Establish Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Bidar Urban Co-operative Bank Ltd., filed a criminal appeal against the acquittal of the respondent, Girish Kulkarni, by the trial cour...

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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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Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Complainant's Evidence Sufficient to Prove Debt and Liability Despite Accused's Defence of Property Dispute.

The appellant, Smt. F. Chandra, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 0...

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Gujarat High Court Quashes Complaint in Cheque Dishonour Case Due to Premature Filing Before Expiry of 15-Day Notice Period Under Section 138 NI Act. Complaint Filed on 12.10.2022, Notice Served on 29.08.2022, Violating Mandatory Waiting Period.

The petitioner, Padamsingh Dhulsingh Sisodiya, filed a petition under Articles 226 and 227 of the Constitution of India seeking quashing of Criminal C...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Evidence of Debt. Failure to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M/s. Pakdhane Cement House, through its proprietor Anandrao Shamrao Pakdhane, filed a criminal appeal against the judgment and order of...

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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...