Search Results for "Security Cheque"

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Search Results for "Security Cheque"

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High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

4 May 2026

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

High Court

Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Agreement to Sell Not Signed by Accused, No Privity of Contract Established Under Section 138 of Negotiable Instruments Act, 1881.

19 Apr 2023

The case involves a criminal revision application filed by the accused, Shaikh Suleman Shaikh Rustam, challenging his conviction under Section 138 of ...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

16 Aug 2019

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

31 Jan 2019

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

High Court

Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Appellant Society Failed to Establish Loan Agreement and Outstanding Amount Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2018

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

High Court

High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case Due to Failure to Prove Legally Enforceable Debt. Cheque Issued as Security for Time-Barred Debt Does Not Attract Section 138 of the Negotiable Instruments Act, 1881.

5 Aug 2016

The case involves a criminal revision petition filed by Smt. Nasreen Pasha (the accused) against the judgment of the JMFC, Gubbi, in CC No.439/2008 da...

High Court

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Debt and Delayed Presentation. The court upheld the acquittal of the accused as the complainant failed to establish a legally enforceable debt and presented the cheque beyond the period of validity under Section 138 of the Negotiable Instruments Act, 1881.

3 Mar 2010

The appellant, Gaurav Omprakash Jaju, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Shri ...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Rebuttal of Presumption Under Section 139 Requires Evidence, Not Mere Denial. The court held that the accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt, and the complainant proved the debt arising from sale of agricultural implements on credit.

8 Feb 2010

The appellant, M/s Sai Auto Agencies, a dealer in tractors and agricultural equipment, filed a complaint under Section 138 of the Negotiable Instrumen...

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