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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Stop Payment Instruction Does Not Absolve Drawer of Liability When Cheque Was Issued for Discharge of Legally Enforceable Debt.

The appellant, Kamal Babulal Sharma, filed a criminal appeal against the judgment and order dated 08/06/2001 passed by the 9th Judicial Magistrate, Fi...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Accused Failed to Prove Defence That Cheque Was Issued for Different Transaction and Cash Paid.

The complainant, Stanley Barros Pereira, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the accused, Julieta Cot...

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Supreme Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption of Legally Enforceable Debt Not Rebutted by Accused Despite Additional Evidence.

The appellant, Sri Sujies Benefit Funds Limited, a chit fund company, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...