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High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Section 138 NI Act Requirements — Order under Section 421 CrPC Set Aside for Lack of Proper Service of Notice and Non-Production of Original Cheque

The petitioner, Sri Mathikere Jayaram Shantharam, was the accused No.1 in a complaint filed by the respondent, Sri Pramod C., under Section 138 of the...

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's Appeal Dismissed as Loan Not Established as Legally Recoverable Debt Under Section 138 Negotiable Instruments Act, 1881.

The appellant, Girdhari Parmanand Motiani, filed two criminal appeals against the acquittal of the respondents, Vinayak Bhagwan Khavnekar and another,...

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High Court of Karnataka Quashes Complaint in Cheque Bounce Case Due to Lack of Proper Service of Demand Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complaint Not Maintainable as Notice Was Not Sent to Correct Address.

The petitioner, P. Surendra Kumar, was shown as an accused in a private complaint filed by the respondent, M/s. Varkeys Retail Ventures Pvt. Ltd., all...