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Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Accused Failed to Rebut Presumption Under Section 139 NI Act. Concurrent findings of fact by lower courts not interfered with as accused's mere denial of debt insufficient to rebut statutory presumption.

The case involves a criminal revision petition filed by the accused, Sri N. Jagadeesh, against his conviction under Section 138 of the Negotiable Inst...

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Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

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High Court of Judicature at Bombay Dismisses Challenge to Issuance of Process Under Section 138 of Negotiable Instruments Act. Court Holds That Once Plea is Recorded and Evidence Commences, High Court Should Not Ordinarily Interfere Under Inherent Jurisdiction Under Section 482 CrPC.

The present criminal writ petition was filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, b...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court restored conviction under Section 138 Negotiable Instruments Act, 1881 for dishonour of two cheques of Rs.1 lakh each.

The appellant, M/s Radhesham Laxminarayan and Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 aga...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...