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Search Results for "dishonour of cheque"

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High Court

Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

9 Aug 2023

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

High Court

High Court of Bombay at Aurangabad Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Incorrect Application of Presumptions Under Sections 118 and 139 of the N.I. Act. The court held that once the issuance of cheque and signature are admitted, the presumption of legally enforceable debt arises, and the accused failed to rebut it.

30 Aug 2023

The appellant, Satish Vasantrao Deshmukh, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act) ...

High Court

Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved.

26 Apr 2023

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments A...

High Court

Bombay High Court Dismisses Appeal in Negotiable Instruments Act Case — Statutory Notice Not Issued in Time. Trial Court's Acquittal Upheld as Complainant Failed to Prove Service of Notice Within 15 Days of Dishonour Under Section 138 of the Negotiable Instruments Act, 1881.

17 Apr 2023

The appellant-complainant filed a criminal appeal against the acquittal of the respondent-accused for the offence under Section 138 of the Negotiable ...

High Court

Bombay High Court Dismisses Appeal in Negotiable Instruments Act Case — Acquittal Upheld Due to Rebuttal of Presumption and Procedural Violations. The appellate court correctly set aside conviction as accused rebutted presumption under Section 139 NI Act and trial court violated Sections 357(1) and 30 Cr.P.C.

17 Mar 2023

The case involves a criminal appeal filed by the complainant against the acquittal of the accused by the City Civil Court, Mumbai, which set aside the...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Quashes Complaint Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations of Role in Company Affairs. Directors Not Vicariously Liable Under Section 138 of Negotiable Instruments Act, 1881 Without Averments of Being in Charge of and Responsible for Conduct of Business at Time of Offence.

23 Feb 2023

The case involves an application under Section 482 of the Code of Criminal Procedure, 1973 filed by three directors (applicants) of CLC Industries Ltd...

High Court

Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

18 Jan 2023

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

High Court

High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Dishonour of Cheque for Outstanding Dues Constitutes Offence Under Section 138 of Negotiable Instruments Act, 1881. The court held that the presumption under Section 139 of the N.I. Act applies and the accused failed to rebut it, confirming the conviction and fine.

11 Mar 2013

The petitioners, M/s Gold Field Steels Pvt Ltd and Sri Sundareshan, were convicted by the XXI Addl. Chief Metropolitan Magistrate, Bangalore, for the ...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption.

30 Aug 2013

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree S...

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