Search Results for "Section 138 NI Act"

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Bombay High Court Allows Accused's Petition in Cheque Dishonour Case for Handwriting Expert Opinion. Accused entitled to send disputed cheque for expert opinion to rebut presumption under Section 139 of Negotiable Instruments Act, 1881.

The petitioner, Dada Ghanshyam Pathak, was the original accused in STCC No.1489/2006 filed by respondent No.2, Minabai Kishor Patil, under Section 138...

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Bombay High Court Sets Aside Dismissal of Appeal for Default in NI Act Case — Appellate Court Must Decide on Merits. Criminal appeal under Section 138 of Negotiable Instruments Act cannot be dismissed for non-prosecution; Sessions Judge directed to hear appeal on merits.

The applicant, Jafar Shamshuddin Momin, was convicted by the Judicial Magistrate First Class, Parner, for an offence under Section 138 of the Negotiab...

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Bombay High Court Allows Accused's Petition in Negotiable Instruments Act Case Due to Lack of Proper Service of Notice. Dishonour of Cheque Complaint Quashed as Complainant Failed to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Shabbir Abdul Rahman Shaikh, was the original accused in a complaint filed by the respondent, Parnerkar Nagari Sahakari Pathsanstha Ma...

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Bombay High Court Dismisses Contempt References Against Complainant for Filing Transfer Applications Alleging Bias. Filing of Transfer Applications Seeking Recusal of Judge Does Not Constitute Criminal Contempt Under Contempt of Courts Act, 1971.

The Bombay High Court dealt with two criminal references under Section 15(2) of the Contempt of Courts Act, 1971, made by the Principal District Judge...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Excess Amount Claimed. Loan Agreement Required Quarterly Interest Rests but Complainant Charged Monthly Rests Without Intimation, Rendering Cheque Amount Not Legally Enforceable.

The appellant, Vividha Urban Co-operative Credit Society Limited, filed a criminal appeal against the acquittal of the accused, Gurudas Krishna Fatrek...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...