Search Results for "Section 138 NI Act"

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Search Results for "Section 138 NI Act"

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High Court

High Court of Karnataka Dismisses Revision Petitions in Dishonour of Cheque Cases — Conviction Under Section 138 NI Act Upheld Due to Lack of Evidence on Loan Repayment. The court held that concurrent findings of fact cannot be interfered with in revision unless perverse, and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

30 Aug 2021

The petitioner, Sri Narayana Mudaliyar @ Narayana Raju, was convicted under Section 138 of the Negotiable Instruments Act, 1881, in two separate cases...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence.

25 Jun 2021

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Under Section 138 NI Act Upheld. Accused Failed to Rebut Presumption of Legally Enforceable Debt or Discharge, and Signature on Cheque Was Admitted.

15 Jun 2021

The case involves a criminal revision petition filed by R. Hanumantharaya (the accused) against the judgment and order dated 02-01-2019 passed by the ...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

11 Jun 2021

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

High Court

High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

20 May 2021

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

High Court

High Court of Karnataka Allows Appeal by Legal Representatives of Deceased Complainant in NI Act Case, Restores Complaint Dismissed for Non-Prosecution. The Court held that the trial court erred in dismissing the complaint for non-prosecution without considering the death of the complainant and the right of legal representatives to continue the proceedings under Section 256 of CrPC.

1 Apr 2021

The present criminal appeal was filed by the legal representatives of the deceased complainant, Sri J. Raju, challenging the order dated 24.12.2011 pa...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

1 Mar 2021

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acq...

High Court

Bombay High Court Allows Anticipatory Bail in Cheque Dishonour Case — Applicants Granted Pre-Arrest Bail. No Prima Facie Case Under Section 138 of Negotiable Instruments Act, 1881 Made Out Against Applicants.

22 Mar 2013

The judgment pertains to two anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants in Crimina...

High Court

Bombay High Court Allows Accused's Application for Forensic Examination of Cheque in NI Act Case — Trial Court's Inconsistent Orders and Procedural Irregularities Caused Prejudice to Accused. The court held that the trial court's rejection of the accused's application for forwarding the cheque to the Central Forensic Science Laboratory, Hyderabad, for examination of age of ink was arbitrary and not in the interest of justice.

18 Feb 2013

The applicant, Aniruddha Deodhar, was the accused in a summary criminal complaint case (Criminal Complaint Case No.5952 of 2010) filed by the responde...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

8 Feb 2013

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...

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