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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Unreliable Evidence and Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Meera S. Chiplunkar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against the resp...

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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; accused failed to rebut presumption of legally enforceable debt.

The appeal was filed by the complainant (appellant) against the judgment of acquittal passed by the Judicial Magistrate First Class, Banhatti, in C.C....

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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.

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

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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...

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High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...