Search Results for "presumption under Section 139"

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Search Results for "presumption under Section 139"

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High Court

High Court of Bombay at Goa Quashes Conviction in Dishonour of Cheque Case Due to Non-Examination of Complainant's Partner. Failure to Prove Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881 as Complainant Firm Not Properly Represented.

25 Sep 2014

The petitioners, Sidharth Narayan Siddhapur and M/s Taurus Earthmovers Limited, were the accused in a complaint filed by M/s Fluidmac, a partnership f...

High Court

Bombay High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Co-operative Society Entitled to Maintain Complaint Under Section 138. The court held that a co-operative society is a 'body corporate' and can maintain a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the accused failed to rebut the presumption under Section 139.

7 Feb 2014

The appellant, a co-operative society registered under the Maharashtra Co-operative Societies Act, filed a complaint under Section 138 of the Negotiab...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

17 Jan 2023

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Complainant's Evidence Sufficient to Prove Debt and Liability Despite Accused's Defence of Property Dispute.

28 Jul 2023

The appellant, Smt. F. Chandra, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 0...

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 Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

15 Sep 2006

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

High Court

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.

17 Aug 2006

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

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. The court held that the appellate court erred in reversing the trial court's conviction without considering the mandatory presumption under Section 139 of the Negotiable Instruments Act, 1881 and the validity of notice under Section 138.

8 Sep 2023

The case involves two criminal revision petitions filed by M/s. Nazama Traders (petitioner) against M/s. Arihant Marketing (respondent) under Section ...

High Court

Bombay High Court Dismisses Revision Against Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Cheque Was Issued as Security, Not for Repayment of Loan.

30 Nov -0001

The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...

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