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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

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Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

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High Court of Karnataka Quashes Cheque Dishonour Proceedings Against Partners Due to Lack of Specific Averments of Vicarious Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to satisfy requirements of Section 141 of the Act for imputing liability on partners.

The petitioners, accused No.1 (M/s. Conserve Ready Mix Concrete, a partnership firm) and accused No.2 and 3 (partners of the firm), filed a petition u...

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High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Rejection of Application for Handwriting Expert Opinion in N.I. Act Case. Trial Court's Order Set Aside as Petitioner Was Denied Opportunity to Prove Defence Under Section 45 r/w Section 73 of Indian Evidence Act, 1872.

The petitioner, Annappa Maruti Magadum, was a member of the respondent, Karnataka Multipurpose Souhard Sahakari Ltd., Chikkodi. He had availed an MTL ...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...