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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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KAHC010102062008_1

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High Court of Karnataka Quashes Criminal Proceedings Against Assessee for Delay in Filing Income Tax Return Due to Lack of Mens Rea and Departmental Delay. Section 276CC of Income Tax Act, 1961 requires wilful failure to furnish return; mere delay without culpable mental state does not constitute offence.

The petitioner, Rajkumar Agarwal, proprietor of Sainath Stone Crusher, filed four criminal petitions under Section 482 of the Code of Criminal Procedu...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...