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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Quashes FIR in Money Lending and Forgery Case Due to Malafide Complaint and Suppression of Facts. Repeated complaint on same allegations after earlier quashing amounts to abuse of process under Section 482 CrPC.

The applicants, Anup Dodiya and Niranjan Dodiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashi...

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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.

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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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...