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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.

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

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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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.

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...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...