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Search Results for "dishonour of cheque"

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High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Stop Payment Instruction Does Not Absolve Liability Under Section 138. Dishonour of Cheque Due to 'Stop Payment' Constitutes an Offence Under Section 138 of the Negotiable Instruments Act, 1881, When Issued for Discharge of a Legally Enforceable Debt.

11 Feb 2010

The appellant, Peter Mascarenhas, filed two criminal appeals challenging the judgments of the Sessions Court, which had set aside the conviction of th...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Authority to File Complaint Can Be Delegated by Board Resolution. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 can be filed by an authorised officer of a company or society, and the trial court erred in dismissing the complaint on the ground that the complainant had not proved authorisation.

16 Feb 2010

The appellant, VPK Urban Co-operative Credit Society Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the ...

High Court

High Court of Bombay at Aurangabad Dismisses Leave to Appeal Against Acquittal in Negotiable Instruments Act Case — Complainant Failed to Prove Debt or Liability. The court held that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable and the accused successfully rebutted it.

16 Feb 2010

The applicant, Ramkrishna Urban Cooperative Credit Society Ltd., filed a private complaint against the respondent, Rajendra Bhagchand Warma, alleging ...

High Court

Bombay High Court Dismisses Petitions Challenging Section 138 NI Act Complaints — Reiterates That Issuance of Cheque as Security Does Not Bar Prosecution. The court held that the defence that a cheque was issued as security cannot be considered at the stage of issuance of process and is a matter for trial.

5 Jan 2010

The judgment involves three criminal writ petitions filed by accused persons facing trial under Section 138 of the Negotiable Instruments Act, 1881. T...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act for Non-Appearance on a Single Date. The Court restored the complaint holding that dismissal without opportunity of hearing was not justified.

15 Jan 2010

The appellant, Nagpur District Central Cooperative Bank Limited, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

High Court

Bombay High Court Allows Writ Petition in NI Act Case — Revisional Court Erred in Quashing Process at Prima Facie Stage. Defence of Limitation Cannot Be Examined Without Evidence When Cheque Date Is 2008.

11 Jan 2010

The petitioner, Mahadeorao Chatarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Vilas Dhote alleging dishono...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Trial Court Erred in Ignoring Statutory Presumption Under Section 139. The Court held that once the cheque and its dishonour are proved, the presumption of legally enforceable debt arises, and the accused must rebut it with probable evidence.

12 Jan 2010

The appellant, Adarsh Gramin Sahakari Pat Sanstha Maryadit, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, agai...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

High Court of Karnataka Allows Revision Petitions in Negotiable Instruments Act Case — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. Court holds that Section 138 NI Act proceedings require proper service of demand notice and examination of complainant as witness, and failure to do so vitiates the trial.

22 Mar 2025

The petitioner, Mr. Lagadapati Malyadri, filed two criminal revision petitions under Section 397 read with Section 401 of the Code of Criminal Procedu...

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