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Search Results for "cheque payment"

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High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt and Delayed Presentation. The court upheld the acquittal of the accused as the complainant failed to establish a legally enforceable debt and presented the cheque beyond the period of validity under Section 138 of the Negotiable Instruments Act, 1881.

3 Mar 2010

The appellant, Gaurav Omprakash Jaju, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Shri ...

Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

High Court

Bombay High Court Allows Writ Petition in Cheque Dishonour Case, Holding Mumbai Court Has Jurisdiction. Presentation of cheque at complainant's bank in Mumbai constitutes part of cause of action under Section 138 of Negotiable Instruments Act, 1881.

17 Jun 2010

The petitioner, M/s. Ruchi Soya Industries Ltd., filed a criminal writ petition challenging an order of the Special Metropolitan Magistrate, Mumbai, d...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

High Court

High Court of Bombay at Panaji Allows Complainant's Appeal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused's Defence of Security Deposit. The court held that the accused failed to prove on preponderance of probabilities that the cheques were given as security deposit, and the presumption that they were issued for discharge of a debt or liability stood.

21 Sep 2006

The complainant, Ajay Shetty, proprietor of M/s. Pride Industries, filed two complaints against the accused, Savio Faria, proprietor of Grace Marketin...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

11 Sep 2012

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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 Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

9 Jul 2025

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

High Court

Bombay High Court Allows Leave to Appeal in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Court holds that dishonour of cheque on ground of 'account closed' constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the complainant need not prove that the cheque was presented within validity period if the accused fails to raise the issue at trial.

14 Oct 2013

The applicant, M/s. V. A. Enterprises, through its proprietor Ashok Pundalik Suryavanshi, filed a criminal application seeking leave to appeal against...

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