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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted as Loan Advanced in 2010, Cheque Issued in 2012, Debt Not Legally Enforceable.

The case involves a criminal revision petition filed by the accused, Gundu Sidray Birje, challenging his conviction under Section 138 of the Negotiabl...

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Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Sections 118 and 139 of NI Act Stands Unless Rebutted by Accused.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. against the respondent, Parameshwara B.T., for the offence punishable under Se...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

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High Court of Karnataka Dismisses Appeal Against Acquittal in Cheque Bounce Case — Complainant Failed to Prove Legally Enforceable Debt. Presumption under Section 139 NI Act Rebutted by Accused Showing Loan Repayment and Lack of Documentary Evidence.

The appellant, K.N. Raju, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...