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Bombay High Court Allows Appeals in Section 138 NI Act Case, Holding Unsigned Complaint is Curable Irregularity. Amendment to Sign Complaint Relates Back to Date of Filing, Saving Limitation.

The case involves two criminal appeals arising from complaints filed under Section 138 of the Negotiable Instruments Act, 1881, by M/s. Reliance Indus...

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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 Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Dismissal on Limitation Grounds. Court holds that limitation period for filing complaint under Section 138 of Negotiable Instruments Act, 1881 runs from date of receipt of notice by accused, not from date of dispatch.

The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the 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 Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove Service of Demand Notice Within 15 Days of Dishonour, Leading to Quashing of Criminal Proceedings.

The petitioners, six individuals, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Judicial Magistrate First C...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...