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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 — Presumption of Legally Enforceable Debt or Liability Under Section 139 Stands Rebutted Only by Preponderance of Probabilities, Not Mere Denial.

The appellant, Sau. Dwaribai Nanakram Jivatramani, proprietor of Rajesh Agarbatti, filed a criminal appeal against the judgment and order of acquittal...

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Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

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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...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Alleged Incident of Road Rage and Abusive Language Not Sufficient to Attract Section 3(1)(r)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Lahu Vitthalrao Bhosale, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act...

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High Court of Karnataka Allows Appeals in Dishonour of Cheque Cases, Sets Aside Acquittal. Presumption under Section 139 of NI Act applies when signature and issuance of cheque are admitted, shifting burden on accused to rebut.

The appellant, Mr. Ashfaq Rasheed Shaik, filed six criminal appeals under Section 378(4) Cr.P.C. against the judgment of acquittal dated 07.06.2018 pa...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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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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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of NI Act Not Rebutted by Accused.

The appellant, Srinidhi Finance & Investment Corporation, filed a criminal appeal against the acquittal of the respondent, Basavanthappa, for the offe...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...