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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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Bombay High Court Upholds Acquittal in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Repay Loan Does Not Constitute Cheating Under Section 420 IPC When Transaction is Essentially a Civil Debt.

The State of Maharashtra appealed against the acquittal of Radheshyam Motilal Rungta (respondent/accused) by the Sessions Court, which had reversed hi...

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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.

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

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High Court Hears Appeals Against Conviction for Cheating and Corruption—Bank Employees and Others Accused of Disappearing Clearing Cheques to Cause Rs. 35.50 Lakh Loss. Conviction Under IPC Sections 120-B, 420 and Prevention of Corruption Act Challenged on Grounds of Erroneous Appreciation of Evidence.

The case originated from a prosecution by CBI against five accused persons for conspiracy to cheat Bank of India. Accused No.1, a clerk at the Service...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

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Bombay High Court Dismisses Criminal Application for Quashing Summons in Security Guards Act Violation. Allegations Against Officers as Principal Employers Prima Facie Disclose Offence Under Clause 42 of Maharashtra Private Security Guards Scheme, 2002.

The matter arose from a criminal complaint filed by Inspector R.D. Khanorkar under the Maharashtra Private Security Guards (Regulation of Employment a...