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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities.

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, al...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

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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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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut.

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantara...

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High Court of Bombay Upholds Employer's Forfeiture of Gratuity for Employee Convicted of Theft Involving Moral Turpitude. Theft by Bank Employee Constitutes Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Gratuity.

The petitioners, officials of the Bank of Maharashtra, challenged the order of the Appellate Authority under the Payment of Gratuity Act, 1972, which ...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act. Cooperative Bank Held to Be Holder in Due Course and Service of Notice by UPC Valid.

The appellant, The Karad Urban Cooperative Bank Limited, filed a complaint against respondent no.1, Sunil Laxman Dalvi, alleging an offence under Sect...

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High Court of Bombay at Nagpur Upholds Conviction in Cheque Dishonour Case — Compensation Reduced to Rs. 1,20,000. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 that cheque was issued for discharge of legally enforceable debt.

The case arises from a criminal revision application filed by the accused, Pradeep Nagrale, challenging his conviction under Section 138 of the Negoti...