Search Results for "negotiable instrument"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "negotiable instrument"

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High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Restores Conviction for Cheque Dishonour. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant once the signature on the cheque is admitted, and the accused failed to rebut the presumption of legally enforceable debt.

19 Jul 2013

The appellant, Krishna P. Morajkar, filed a criminal appeal against the judgment of the Additional Sessions Judge, Mapusa, which set aside the convict...

High Court

Bombay High Court Quashes Process Against Accused in Section 138 NI Act Case — Cheque Not Drawn on Accused's Account. Applicant cannot be held vicariously liable under Section 138 of Negotiable Instruments Act, 1881 as the cheque was drawn on the account of a proprietorship firm, not on the personal account of the accused.

12 Feb 2016

The applicant, Dr. (Mrs) Rajul Ketan Raj, was accused no.1 in three complaints filed by Reliance Capital Ltd. under Section 138 of the Negotiable Inst...

High Court

High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

12 Feb 2014

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

27 Mar 2019

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

Supreme Court

Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

15 Apr 2026

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

High Court

High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

16 Aug 2019

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

High Court

Bombay High Court Allows Petition in Negotiable Instruments Act Case — Handwriting Expert Not Required When Signature Admitted Under Section 20 of NI Act. The court held that under Section 20 of the Negotiable Instruments Act, 1881, the payee is authorized to fill up the cheque, making expert opinion on handwriting unnecessary when the drawer admits his signature.

2 Dec 2025

The petitioner/complainant filed a criminal writ petition challenging the judgment and order dated 18-06-2025 passed by the learned Additional Session...

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