Search Results for "Negotiable Instruments"

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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acq...

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High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Restores Conviction Under Section 138. Appellate Court Erred in Setting Aside Conviction Without Considering Presumption Under Section 139 of Negotiable Instruments Act, 1881.

The petitioner/complainant, R.V. Nathan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure,...

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Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

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Gujarat High Court Quashes Complaint in Cheque Dishonour Case Due to Premature Filing Before Expiry of 15-Day Notice Period Under Section 138 NI Act. Complaint Filed on 12.10.2022, Notice Served on 29.08.2022, Violating Mandatory Waiting Period.

The petitioner, Padamsingh Dhulsingh Sisodiya, filed a petition under Articles 226 and 227 of the Constitution of India seeking quashing of Criminal C...

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Gujarat High Court Dismisses Petition to Quash Cheque Dishonour Complaint, Holding Complaint Not Premature Under Section 138 NI Act. Complaint Filed After Expiry of 15-Day Notice Period, Thus Maintainable.

The petitioner, Padamsingh Dhulsingh Sisodiya, filed a petition under Articles 226 and 227 of the Constitution of India seeking quashing of Criminal C...

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Bombay High Court Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision.

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judic...

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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

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Bombay High Court Upholds Conviction in Cheque Bounce Case Due to Failure to Rebut Presumption. Accused's Failure to Enter Witness Box and Lead Evidence Results in Confirmation of Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Amol @ Jolly Shrichand Kungwani, challenging his conviction under Section 138 ...

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Madras High Court Allows Revision Petition in NI Act Case — Sets Aside Appellate Dismissal for Default. Appellate Court Must Decide Criminal Appeal on Merits Under Section 372(3) Cr.P.C., Cannot Dismiss for Absence of Appellant.

The revision petitioner, S.Jeyaeswari, was convicted by the Judicial Magistrate (FTC), Uthamapalayam under Section 138 of the Negotiable Instruments A...