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High Court

High Court of Bombay at Nagpur Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Cheque Given as Advance Payment Under Agreement, Not for Legally Enforceable Debt. The court held that the cheque was given as an advance for a future contract and not towards any existing liability, thus no offence under Section 138 of the Negotiable Instruments Act, 1881 was made out.

4 Oct 2012

The appellant, Ramesh Ingole, filed a criminal appeal challenging the acquittal of the respondents, Eknath Thigale and Niteshkumar Thigale, who were t...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

11 Oct 2019

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...

High Court

Bombay High Court Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal.

1 Jul 2011

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 20...

High Court

Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim Despite Policy Cancellation Due to Cheque Dishonour — Insurer Must Pay Third Party and Recover from Owner. The Court held that the insurer's liability to a third party continues until the policy is validly cancelled and intimated to the third party, and the insurer can recover the amount from the owner.

17 Nov 2017

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Nagpur, in Claim ...

High Court

Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

28 Feb 2024

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

High Court

Bombay High Court Allows Applicants' Challenge to Territorial Jurisdiction in Section 138 NI Act Complaints. Cheques Drawn on Mumbai Bank Cannot Be Tried at Aurangabad Despite Deposit There.

5 Feb 2014

The applicants, Naveen Luthra and Arun Luthra, were accused in two complaints filed by respondent no.1, AVR Logistic Pvt. Ltd., under Section 138 of t...

High Court

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.

10 Apr 2026

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

High Court

Bombay High Court Quashes Contempt Order Against Appellants in Civil Contempt Case — No Willful Disobedience Found. Refusal to Sign Cheque for Internet Cards Not Deliberate or Intentional Breach of Consent Order Under Section 2(b) of Contempt of Courts Act, 1971.

31 Jan 2017

The appeal arose from a contempt order passed by a single judge of the Bombay High Court. The parties were chartered accountants and partners in the f...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

25 Apr 2023

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...

High Court

Bombay High Court Allows Complainant's Application to Recall Witness in NI Act Case — Cross-Examination Right Not Forfeited by Mere Absence on One Date. The court set aside acquittal and remanded for recall of complainant for cross-examination under Section 311 CrPC.

12 Sep 2013

The applicant, Pratap @ Prakash Kripaldas Chugh, was the original complainant in a criminal complaint under Section 138 of the Negotiable Instruments ...

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