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Search Results for "blank promissory note"

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High Court

Bombay High Court Upholds Conviction of Court Clerk for Criminal Breach of Trust and Forgery of Records. Property Clerk misappropriated muddemal property and amounts, and made false entries in registers, convicted under Sections 409, 466, 477 IPC.

8 Apr 2026

The applicant, Kanhaiyalal Damahe, was a property clerk in the Court of Civil Judge Junior Division, Saoner, from 1.6.2001 to 31.5.2005. During his te...

High Court

Gujarat High Court Allows Appeal in NI Act Dishonour of Cheque Case — Acquittal Set Aside Due to Improper Appreciation of Evidence and Failure to Draw Statutory Presumptions Under Sections 118 and 139 of the Negotiable Instruments Act, 1881. The court held that the Power of Attorney holder can file complaint and the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt.

9 Mar 2026

The appellant, Avdhut Finance, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, through its Power of A...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit.

24 Aug 2023

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

13 Apr 2023

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

High Court

High Court of Bombay Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881 as the cheque was given as security for a business transaction.

2 Mar 2020

The case involves an appeal by the complainant, Shankar Jaganath Mane, against the acquittal of the accused, Sikkandar Mohammed Bidiwala, for an offen...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

High Court of Karnataka Allows Petition to Lead Secondary Evidence in NI Act Case — Section 65 of Evidence Act Invoked for Lost Cheques. The Court held that when original cheques are lost, secondary evidence is permissible under Section 65 of the Indian Evidence Act, 1872, and the courts below erred in rejecting the application.

30 May 2018

The petitioner, Sri R. Lakshminarasimha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the orders d...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

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 Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

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