Search Results for "Security Cheque"

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Search Results for "Security Cheque"

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High Court

High Court of Bombay at Aurangabad Dismisses Complainant's Appeal in Cheque Dishonour Case — Acquittal of Accused Upheld Due to Failure to Prove Legally Enforceable Debt. The court held that the complainant failed to establish the existence of a legally enforceable debt or liability as required under Section 138 of the Negotiable Instruments Act, 1881, as the loan was allegedly given in cash without proper documentation and the cheque was issued after five years without any written acknowledgment.

21 Feb 2011

The case involves a criminal appeal filed by the original complainant, Ramesh Bhimraj Panhale, against the judgment and order of the Judicial Magistra...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

16 Aug 2019

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act. Cooperative Bank Held to Be Holder in Due Course and Service of Notice by UPC Valid.

15 Dec 2015

The appellant, The Karad Urban Cooperative Bank Limited, filed a complaint against respondent no.1, Sunil Laxman Dalvi, alleging an offence under Sect...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

24 Jul 2019

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Trial Court Erred in Ignoring Statutory Presumption Under Section 139. The Court held that once the cheque and its dishonour are proved, the presumption of legally enforceable debt arises, and the accused must rebut it with probable evidence.

12 Jan 2010

The appellant, Adarsh Gramin Sahakari Pat Sanstha Maryadit, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, agai...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2019

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019...

High Court

High Court of Karnataka Allows Revision Petitions in Cheque Dishonour Cases — Conviction Set Aside Due to Non-Prosecution of Complainant and Lack of Evidence. The court held that the dismissal of complaint for default was proper and restoration without notice to accused was illegal, and the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881.

12 Apr 2016

The case involves three criminal revision petitions filed by the accused (M/s Ideb Buildcon Private Limited, H S Bedi, Avneet Bedi, and Oan Ali Zahid)...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Restores Conviction for Cheque Dishonour. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

6 Jan 2023

The appeal was filed by the complainant, Smt. G. Suma, challenging the judgment of acquittal dated 29.01.2011 passed by the Presiding Officer, Fast Tr...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. The court held that the appellate court erred in reversing the trial court's conviction without considering the mandatory presumption under Section 139 of the Negotiable Instruments Act, 1881 and the validity of notice under Section 138.

8 Sep 2023

The case involves two criminal revision petitions filed by M/s. Nazama Traders (petitioner) against M/s. Arihant Marketing (respondent) under Section ...

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