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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted as Loan Advanced in 2010, Cheque Issued in 2012, Debt Not Legally Enforceable.

The case involves a criminal revision petition filed by the accused, Gundu Sidray Birje, challenging his conviction under Section 138 of the Negotiabl...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt or Liability. Acquittal of Accused Under Section 138 of Negotiable Instruments Act, 1881 Upheld as Complainant Did Not Establish Legally Enforceable Debt.

The appellant, Nupur Sales Corporation, filed a criminal appeal against the judgment and order dated 19.06.2015 passed by the Judicial Magistrate Firs...

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Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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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 Appeal in Motor Accident Claim — Insurer Held Liable Despite Cheque Dishonour as Policy Not Validly Cancelled. National Insurance Company directed to pay compensation to legal heirs of deceased motorcyclist, with right to recover from owner.

The appeal arises from a motor accident claim where the deceased Rajesh Thapa died due to a collision between his motorcycle and a bus owned by respon...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Security for Loan — Blank Cheque Given as Security Does Not Absolve Liability if Debt Exists

The petitioner, Chandrakant Laxman Kerkar, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque for Rs. 6...