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Search Results for "cheque payment"

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High Court

Bombay High Court Allows Accused to Lead Further Defence Evidence and Forward Cheque to Handwriting Expert in NI Act Case — Right to Fair Trial Prevails Over Technical Objections. The court held that the accused's specific defence that the cheque was blank and lost required consideration and that the courts below had not properly exercised their discretion.

23 Aug 2022

The petitioner, Dinesh Dilip Malu, is facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque. During ...

High Court

Bombay High Court Allows Discharge of Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Presentation Absolves Liability Under Section 138 NI Act. Petitioner ceased to be director before cheque date, thus not liable as 'person in charge' under Section 141 NI Act.

13 Aug 2012

The petitioner, Bindu Kumar Mehta, was accused no.3 in Criminal Case No.1009/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri, ...

High Court

High Court of Karnataka Quashes Complaint in Cheque Dishonour Case Due to Delayed Statutory Notice. Notice Issued 31 Days After Dishonour Exceeds 30-Day Limit Under Section 138(b) of Negotiable Instruments Act, 1881, Rendering Complaint Not Maintainable.

5 Mar 2015

The petitioner, Smt. M. Shashikala, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the proce...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

24 Nov 2011

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

17 Jan 2023

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

7 Aug 2015

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Requires Probable Defence. The court held that the accused must raise a probable defence to rebut the presumption under Section 139 of the NI Act, and mere denial or inconsistent story is insufficient.

12 Jan 2023

The appellant, Lyndon Rodrigues, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent Anil Thakur for disho...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

1 Apr 2026

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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