Search Results for "Dishonour of cheque"

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High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Section 138 NI Act Requirements — Order under Section 421 CrPC Set Aside for Lack of Proper Service of Notice and Non-Production of Original Cheque

The petitioner, Sri Mathikere Jayaram Shantharam, was the accused No.1 in a complaint filed by the respondent, Sri Pramod C., under Section 138 of the...

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High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Conviction Set Aside Due to Non-Examination of Complainant. Failure to examine complainant under Section 200 CrPC renders complaint not maintainable and conviction unsustainable.

The petitioner, Sri B G Uday, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, chal...

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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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Supreme Court Upholds Conviction Under Section 138 NI Act Despite Handwriting Expert Opinion — Accused's Failure to Enter Witness Box and Explain Cheque Possession Proves Fatal

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by T.N. Channakeshava (respondent) against M. Abbas...