Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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High Court

Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

High Court

Bombay High Court Allows Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The Court held that the accused failed to rebut the presumption of legally enforceable debt, and the trial court erred in acquitting the accused based on insufficient evidence.

9 Aug 2018

The appellant, Mrs. Mercy D'costa Salve, filed three criminal appeals against the judgment and order dated 23.08.2017 passed by the Judicial Magistrat...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

16 Jul 2018

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

High Court

Bombay High Court Quashes Process in NI Act Case for Non-Compliance with Section 202 CrPC Inquiry. Magistrate failed to conduct mandatory inquiry under Section 202 CrPC before issuing process against accused residing outside jurisdiction.

25 Jun 2018

The petitioner, Kunal Rajesh Kothari, filed a criminal writ petition challenging the order dated 19th January 2016 passed by the Judicial Magistrate, ...

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

High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Revisional Order in Criminal Revision Application No. 31/2011 — Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Due to Insufficient Funds. The court held that concurrent findings of fact regarding legally enforceable debt and dishonour of cheque were correct and did not warrant interference.

21 Mar 2018

The petitioner, Kinetic Engineering Ltd., a public limited company, filed a Criminal Writ Petition before the High Court of Bombay at Aurangabad chall...

High Court

Bombay High Court Dismisses Petition Challenging Clubbing of Dishonour of Two Cheques in Single Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Held That Separate Causes of Action Do Not Necessitate Separate Complaints When Cheques Are Part of Same Transaction and Presented Within Limitation.

6 Feb 2018

The petitioner, Umakant Dattatray Chakkarwar, was being tried for dishonour of two cheques dated 21/10/2014 and 27/10/2014, each for Rs.80,000/-, issu...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Inducement. Section 420 IPC requires deception from inception; mere failure to pay after cheque dishonour does not constitute cheating.

20 Apr 2017

The petitioner, Sanjaykumar Kasliwal, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of FIR No. 86 of ...

High Court

Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

14 Mar 2017

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

High Court

Bombay High Court Quashes FIR Against Accused in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Intention. Mere dishonour of cheque does not attract Section 420 IPC without proof of fraudulent or dishonest inducement at the time of borrowing.

30 Nov -0001

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 86/201...

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