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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

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Bombay High Court Dismisses Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision.

The case involves a criminal revision petition filed by the accused, S. Mohammed, challenging his conviction under Section 138 of the Negotiable Instr...

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Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

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Bombay High Court Allows Compounding of Offence Under Section 138 of Negotiable Instruments Act, 1881, Quashes Conviction and Sentence in Cheque Dishonour Case. Parties Compromise During Revision, Court Permits Compounding and Acquits Accused.

The applicant, Santosh s/o Namdevrao Patait, was the original accused in a complaint filed by respondent no.2, Narhari s/o Devrao Komatwar, under Sect...

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High Court of Bombay Modifies Sentence in Cheque Dishonour Case to Include Compensation. Conviction Under Section 138 of Negotiable Instruments Act Upheld but Court Directs Payment of Cheque Amount as Compensation Under Section 357 CrPC, Holding That Purpose of Act is Recovery of Money.

The complainants filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused had issued a cheque for Rs. 80...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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Bombay High Court Allows Complaint by Constituted Attorney in Dishonour of Cheque Case — Reinstates Process Quashed by Sessions Court. Constituted Attorney Can File Complaint Under Section 138 of Negotiable Instruments Act, 1881 on Behalf of Payee.

The petitioner, Vilas Baliram Sawant, filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which quashed the ...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...