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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Bombay High Court Upholds Conviction for Food Adulteration Under Prevention of Food Adulteration Act, 1954 — Groundnut Oil Sample Found Adulterated. Accused's Conviction for Selling Adulterated Groundnut Oil and Carrying on Business Without License Confirmed by Appellate and Revisional Courts.

The case involves two criminal revision applications filed by Jairam Shadija, the accused, challenging the order dated 28.08.2015 passed by the learne...

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Supreme Court Upholds Contempt Proceedings Against Litigant for Frivolous Filings and Disparaging Judicial Remarks. Court imposed costs and restrictions on future public interest litigations due to abuse of process and violation of orders under Contempt of Courts Act, 1971.

The dispute originated from a writ petition filed by Suraz India Trust, represented by its chairman Mr. Rajiv Daiya, against the Union of India. The S...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Acquittal Based on Fiduciary Relationship. Concurrent Findings of Fact Cannot Be Upset in Revision Without Perversity; Presumption Under Section 139 NI Act Applies Even Between Fiduciaries.

The appellant-complainant, Bir Singh, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accu...

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Bombay High Court Convicts Police Head Constable for Criminal Contempt for Misconduct in Executing Conviction Warrants. Wilful Disobedience of Court Orders and Misuse of Official Seal Constitute Contempt of Court Under Section 2(c) of the Contempt of Courts Act, 1971.

The present contempt proceedings arise out of a reference dated 18/20th April 2013 made by the District Judge-3, Ambajogai to the Bombay High Court. T...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...