Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

Bombay High Court Allows Complainant's Writ Petition in Cheque Dishonour Case Concerning Service of Statutory Notice. Notice sent by registered post to drawer's Aadhar card address and returned with remark 'left address' held sufficient compliance with Section 138(b) of Negotiable Instruments Act, 1881 under presumption of Section 27 General Clauses Act, 1897.

29 Jul 2025

The dispute arose from a criminal complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 alleging dishonour of a...

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 Bombay Allows Discharge of Accused Director in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Absolves Liability Under Section 138 of Negotiable Instruments Act, 1881. The court held that a director who resigned before the cheques were issued cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881.

23 Aug 2019

The applicant, Ramesh Pahulraj Makhija, was original accused No.6 in Criminal Complaint No.538 of 2003 filed by Respondent No.2 under Section 138 of t...

High Court

High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

1 Jul 2026

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

8 Oct 2015

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

31 Jan 2018

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

High Court

High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

12 Feb 2014

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted. The court held that the accused failed to rebut the statutory presumption that the cheque was issued for discharge of a debt or liability, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Sep 2006

The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused-respondent issued a c...

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