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Search Results for "section 138 ni act"

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High Court

Bombay High Court Allows Appeal Against Acquittal in NI Act Case Due to Non-Appearance of Complainant - Held That Dismissal for Default Under Section 256 CrPC Is an Acquittal and Appealable. The court set aside the Magistrate's order dismissing complaint under Section 138 Negotiable Instruments Act, 1881 for default and remanded for fresh disposal.

15 Jan 2010

The appellant, Daulatrao Yashwantrao Patil, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the responden...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act for Non-Appearance on a Single Date. The Court restored the complaint holding that dismissal without opportunity of hearing was not justified.

15 Jan 2010

The appellant, Nagpur District Central Cooperative Bank Limited, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. The court held that the Trial Court erred in acquitting the accused despite the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, as the accused failed to rebut the presumption.

14 Jan 2010

The appeal arises from the judgment and order of acquittal passed by the J.M.F.C., Mapusa, Goa, in OA case No.625/2007/F, acquitting the respondent/ac...

High Court

Bombay High Court Reduces Penalty for Non-Appearance in Cheque Dishonour Case — Petitioner's Penalty Reduced from Rs.10,000 to Rs.1,000. The court held that the penalty imposed for jumping bail was harsh and reduced it, while confirming costs to the complainant and directing expeditious trial.

11 Jan 2010

The petitioner, Gautam Laxman Dongare, was the accused in a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, relating to ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

12 Jan 2010

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

High Court

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 Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

9 Jul 2025

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

High Court

High Court of Karnataka Allows Revision Petition in NI Act Case Due to Non-Compliance with Section 148 Negotiable Instruments Act, 1881 — Appellate Court Dismissed Appeal Without Considering Merits

14 Jul 2025

The petitioner, Sri Raghavendra K A, was convicted by the JMFC IV Court, Mangaluru in C.C.No.4165/2019 for the offence punishable under Section 138 of...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Not Rebutted by Accused.

18 Jun 2025

The case pertains to a criminal revision petition filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

High Court

High Court of Karnataka Allows Joint Trial of Two Cheque Dishonour Cases Under Section 219 CrPC — Same Accused, Same Transaction, Same Year. The court held that joint trial is permissible to avoid multiplicity of proceedings and conflicting judgments.

21 Apr 2025

The petitioner, Puttanagouda, was being prosecuted in two separate cases under Section 138 of the Negotiable Instruments Act, 1881, namely C.C. No.221...

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