Search Results for "Section 138 NI Act"

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Supreme Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption of Legally Enforceable Debt Not Rebutted by Accused Despite Additional Evidence.

The appellant, Sri Sujies Benefit Funds Limited, a chit fund company, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

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High Court of Karnataka Quashes Proceedings Against Accused No.7 in Cheque Dishonour Case Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Setting Aside of Summoning Order.

The petitioner, Prasad S/o Veerayya Kulkarni, who was accused No.7 in C.C.No.790/2016 pending before the Prl. Civil Judge & JMFC, Nippani, filed a cri...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Accused failed to rebut presumption of legally enforceable debt or liability.

The petitioner, Smt. Megha M Padavalkar, was convicted by the JMFC (II Court), Karwar in C.C. No. 540/2008 for the offence under Section 138 of the Ne...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case, Reduces Fine Amount. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding cheque issued for repayment of loan.

The case arises from a complaint filed by M/s. Meenakshi Developers (respondent/complainant) against Sri V.V. Chari (petitioner/accused) under Section...

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High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable.

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 18...