Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Managing Director's Authority to File Complaint Upheld. Resolution Authorizing Managing Director to 'Depose and Conduct Proceedings' Held Sufficient to File Complaint Under Section 138 of the Negotiable Instruments Act, 1881.

2 Sep 2010

The appellant, M/s. Sri Balaji Agencies Pvt. Ltd., filed a criminal appeal against the judgment of the Sessions Judge, Panaji, dated 26-9-2008, which ...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

16 Jul 2015

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

High Court

High Court of Bombay at Goa Allows Appeals in Section 138 NI Act Cases — Reverses Acquittal by Sessions Court. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 applies once signature on cheque is admitted, shifting burden on accused to rebut existence of legally enforceable debt.

26 Sep 2025

The case involves two criminal appeals filed by Pierre Antonio Lobo (the complainant) against the acquittal of Jose Remedios A.A. Rodrigues (the accus...

High Court

Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

5 Jun 2023

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

High Court

High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Rejection of Application for Handwriting Expert Opinion in N.I. Act Case. Accused's Right to Fair Trial Includes Opportunity to Dispute Signature on Loan Documents Through Expert Evidence Under Sections 45 and 73 of Indian Evidence Act, 1872.

17 Sep 2019

The petitioner, Annappa Maruti Magadum, was a member of the respondent, Karnataka Multipurpose Souhard Sahakari Ltd., Chikkodi. He availed a MTL loan ...

High Court

High Court of Karnataka Allows Petition Under Section 482 Cr.P.C. to Set Aside Rejection of Application for Handwriting Expert Opinion in N.I. Act Case. Trial Court's Order Set Aside as Petitioner Was Denied Opportunity to Prove Defence Under Section 45 r/w Section 73 of Indian Evidence Act, 1872.

17 Sep 2019

The petitioner, Annappa Maruti Magadum, was a member of the respondent, Karnataka Multipurpose Souhard Sahakari Ltd., Chikkodi. He had availed an MTL ...

High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

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