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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 NI Act. Settlement Agreement Creates Fresh Liability, Presumption of Legally Enforceable Debt Not Rebutted.

The case involves a criminal revision application filed by the accused, M/s. Cabral & Co. and its proprietor Francis Simon Cabral, against their convi...

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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 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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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...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 of the NI Act Stands Unless Rebutted by Accused.

The appellant, Smt. Kiran w/o Yugalkishore Bhattad, filed a criminal appeal against the judgment of the 7th Judicial Magistrate, First Class, Nagpur (...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs. 1,50,000 for Plot Purchase — Presumption Under Section 139 N.I. Act Not Rebutted by Accused.

The appellant, Smt. Y. Bangarama, filed a criminal appeal challenging the judgment and order dated 23rd July 2008 passed by the learned Judicial Magis...