Search Results for "Blank cheque"

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Search Results for "Blank cheque"

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High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

11 Jun 2021

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

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 Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal on Grounds of Improper Appreciation of Evidence and Reverses Finding of Duress. The Court held that the defence of cheque issued under force was not proved and the presumption under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted.

20 Dec 2019

The case involves a criminal appeal filed by the original complainant, Girdharilal Agrawal, against the acquittal of the accused-respondents (State of...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

23 Aug 2006

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

26 Jul 2024

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

High Court

High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

12 Jul 2024

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Appellant Society Failed to Establish Loan Agreement and Outstanding Amount Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

4 May 2026

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

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