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Gujarat High Court Upholds Conviction in Cheque Bounce Case Despite Vehicle Seizure Claim. Dishonour of Cheque Under Section 138 NI Act Stands as Liability Not Extinguished by Seizure of Collateral.

The case arises from a criminal revision application filed by Shobhnaben Jayendrakumar Panchal against the judgment of the Sessions Judge, Panchmahal ...

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Supreme Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption of Legally Enforceable Debt Not Rebutted by Accused Despite Additional Evidence.

The appellant, Sri Sujies Benefit Funds Limited, a chit fund company, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Supreme Court Upholds Conviction of Bank Manager in Embezzlement Case — Circumstantial Evidence Sufficient to Prove Criminal Conspiracy and Misappropriation of Funds

The appellant, N. Raghavender, was the Branch Manager of Sri Rama Grameena Bank, Nizamabad Branch from May 1990 to September 1995. He was convicted by...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Held Liable Despite Cheque Dishonour as Policy Not Validly Cancelled. National Insurance Company directed to pay compensation to legal heirs of deceased motorcyclist, with right to recover from owner.

The appeal arises from a motor accident claim where the deceased Rajesh Thapa died due to a collision between his motorcycle and a bus owned by respon...

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Bombay High Court Dismisses Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

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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.

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