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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The complainant, M/s Bagalkot Cement and Industries Limited (formerly Kanoria Industries Limited), a public limited company manufacturing cement, file...

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High Court of Bombay Modifies Sentence in Cheque Dishonour Case to Include Compensation. Conviction Under Section 138 of Negotiable Instruments Act Upheld but Court Directs Payment of Cheque Amount as Compensation Under Section 357 CrPC, Holding That Purpose of Act is Recovery of Money.

The complainants filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused had issued a cheque for Rs. 80...

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Bombay High Court Allows Petition to Quash Complaint Against Former Technical Advisor in Cheque Dishonour Case. Petitioner Not a Director or Incharge of Company Affairs at Time of Cheque Issuance, Hence Not Vicariously Liable Under Section 138/141 of Negotiable Instruments Act, 1881.

The petitioner, M.M. Pangarkar, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of complaint S...

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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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Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

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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 Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued for Repayment of Loan — Revision Dismissed as Concurrent Findings of Fact Not Interfered With

The revision petitioner (accused) was convicted by the trial court for the offence under Section 138 of the Negotiable Instruments Act, 1881 for disho...