Search Results for "section 138 ni act"

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Search Results for "section 138 ni act"

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High Court

High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2025

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

High Court of Karnataka Allows Additional Evidence in NI Act Appeal — Section 391(1) Cr.P.C. Application for Producing Bank Statements Allowed to Ensure Fair Opportunity. The court set aside the appellate court's rejection order and directed reconsideration of the appeal after permitting additional evidence.

7 Mar 2025

The petitioner, Sri J. Ramesh, filed a criminal petition under Section 482 Cr.P.C. challenging an order dated 20-09-2024 passed by the LIX Addl. City ...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction and Sentence Upheld. Accused's defence of loan repayment and signature denial rejected due to lack of evidence and admission of signature.

28 Mar 2025

The petitioner, Narasimhan, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the XXIV Additional Chief Metropolitan Magistra...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

7 Feb 2025

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Upheld as Concurrent Findings of Fact Cannot Be Reappreciated Under Section 397 Cr.P.C. The court held that once the accused admits his signature on the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 arises, and the accused must rebut it with probable evidence; failure to do so results in conviction under Section 138.

24 Feb 2025

The petitioner, Thomas Mani, was convicted by the trial court for an offence under Section 138 of the Negotiable Instruments Act, 1881, for dishonour ...

High Court

Bombay High Court Quashes Complaint Against Sleeping Partner in Negotiable Instruments Act Case — No Prima Facie Case as Partner Did Not Sign Cheque or Participate in Business. The court held that a sleeping partner who did not sign the cheque and was not involved in the business cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, and continuing proceedings would be an abuse of process.

9 Dec 2020

The applicant, Ajay Rampal Sarda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Accused Acquitted as Complainant Failed to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881.

10 Nov 2020

The judgment pertains to three criminal applications filed by the applicants seeking quashing of criminal proceedings under Section 138 of the Negotia...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

10 Jul 2026

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

25 Nov 2020

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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