Search Results for "presumption under Section 139"

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; complainant's failure to produce bank statement not fatal when cheque and signature admitted.

The appellant, M/s. Networth Stock Broking Limited, represented by its authorised agent Kiran Kumar, filed a criminal appeal under Section 378(4) of t...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

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Bombay High Court Dismisses Revision Against Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt or Liability Beyond Reasonable Doubt. Concurrent findings of acquittal upheld as presumption under Section 139 of NI Act was rebutted by accused's probable defence.

The applicant, Rais Ahmad Mohammad Kasmi Siddiqui, filed a criminal revision application before the Bombay High Court, Aurangabad Bench, challenging t...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Rebuttal of Presumption Under Section 139 Must Be Based on Preponderance of Probabilities and Not Mere Denial.

The appellant-complainant, Dipali Enterprises, a proprietorship firm dealing in building materials, filed a criminal appeal under Section 378 of the C...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as complainant failed to prove legally enforceable debt.

The petitioners, Dattatraya Kamble and Rajaram Kadam, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 seeking...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...