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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

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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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Gujarat High Court Allows Appeal in Cheque Dishonour Case — Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Under Section 139 NI Act Stands Unless Rebutted by Accused.

The appellant, Harshadkumar Vaikuthram Halani, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment...

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High Court of Gujarat Dismisses State Appeal Against Acquittal in Murder Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Circumstantial Evidence and Witness Testimonies Found Insufficient to Sustain Conviction Under Sections 302 and 504 of the Indian Penal Code, 1860.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order dated 15.02.2001 passed...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; accused failed to rebut presumption of legally enforceable debt.

The appeal was filed by the complainant (appellant) against the judgment of acquittal passed by the Judicial Magistrate First Class, Banhatti, in C.C....

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High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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High Court of Karnataka Dismisses Second Appeal in Recovery Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding loan transaction and promissory note upheld under Section 100 CPC.

The present appeal arises from a suit for recovery of money filed by the respondent (plaintiff) against the appellant (defendant) in O.S.No.11/2003 be...

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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law.

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for R...