Search Results for "cheque amount"

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Search Results for "cheque amount"

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High Court

Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 NI Act. Settlement Agreement Creates Fresh Liability, Presumption of Legally Enforceable Debt Not Rebutted.

7 Sep 2006

The case involves a criminal revision application filed by the accused, M/s. Cabral & Co. and its proprietor Francis Simon Cabral, against their convi...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

10 Feb 2026

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Conviction for Dishonour of Cheque When Debt is Less Than Cheque Amount. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 applies to the existence of a legally enforceable debt, and the accused must rebut it; mere discrepancy in amount does not vitiate the complaint if the debt is proved.

3 Feb 2021

The appellant, M. Ramesh Kumar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Riyaz Ur Rehaman, ...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

16 Aug 2019

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

High Court

Bombay High Court Dismisses Revision Application Against Conviction Under Section 138 of Negotiable Instruments Act for Dishonour of Cheque Due to Account Closure and Stop Payment. Account Closure or Stop Payment After Issuance of Cheque Does Not Absolve Drawer from Penal Liability Under Section 138; Statutory Presumption Not Rebutted.

9 Dec 2011

The case arose from a criminal prosecution under Section 138 of the Negotiable Instruments Act, 1881. The applicant had taken a loan of Rs.20,000 from...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Compromise Cheque Dishonour Leads to Conviction as Accused Failed to Rebut Presumption of Legally Enforceable Debt.

12 Jan 2012

The case involves a criminal appeal filed by the complainant, Damodhar Murlidhar Bajaj, against the acquittal of the accused, Ratan Suryabhan Shinde, ...

High Court

High Court of Bombay at Panaji Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused's Defence of Security Deposit. The court held that the accused failed to prove on preponderance of probabilities that the cheques were given as security deposit, and the presumption that they were issued for discharge of a debt or liability stood.

21 Sep 2006

The complainant, Ajay Shetty, proprietor of M/s. Pride Industries, filed two complaints against the accused, Savio Faria, proprietor of Grace Marketin...

High Court

Bombay High Court Dismisses Leave to Appeal in Cheque Dishonour Case — Acquittal Upheld Due to Failure to Prove Debt or Liability. The court held that the complainant failed to establish the existence of a legally enforceable debt or liability as required under Section 138 of the Negotiable Instruments Act, 1881, as the cheque was issued for a policy that was never drawn.

21 Jan 2019

The applicant, Harilal Khurdhan Ram, an LIC agent, filed a criminal application seeking leave to appeal against the judgment and order dated 24th Nove...

High Court

High Court of Bombay at Nagpur Hears Criminal Appeal Against Acquittal in Cheque Bounce Case. Trial Court Found Cheque Dishonoured but Dismissed Complaint for Lack of Authorization of Power of Attorney Holder Under Section 138 of Negotiable Instruments Act, 1881.

13 Sep 2012

The present criminal appeal arose from the acquittal of the respondent-accused in a complaint under Section 138 of the Negotiable Instruments Act, 188...

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