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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 Set Aside as Complainant Failed to Prove Legally Enforceable Debt.

The petitioner, T.C. Chandraiah, was the accused in Criminal Case No.433/2013 before the Senior Civil Judge and JMFC, Channapatna, for an offence unde...

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High Court of Bombay at Goa Dismisses Criminal Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881. Concurrent Findings That Accused Failed to Rebut Presumption Under Section 139 and Cheque Was for Legally Enforceable Debt Upheld.

The petitioner, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged his conviction and sentence imposed by th...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

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High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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Bombay High Court Quashes Process Against Director in Cheque Dishonour Case for Lack of Specific Allegations of Vicarious Liability. Section 141 NI Act requires specific averment that the director was in charge of and responsible for the conduct of business at the time of offence.

The applicant, Gaurav Vijay Bhatia, was arraigned as accused No. 3 in a criminal complaint filed by Ramnath P. Subramaniam (respondent No. 1) under Se...

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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred.

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) a...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...