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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

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Bombay High Court Quashes Order Allowing Amendment of Complaint in Cheque Dishonour Case — Amendment After Cognizance and Process Held Not Permissible Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, filed by the applicants (accused) challenging an o...

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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

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Bombay High Court Allows Writ Petition in Cheque Dishonour Case, Holding Mumbai Court Has Jurisdiction. Presentation of cheque at complainant's bank in Mumbai constitutes part of cause of action under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, M/s. Ruchi Soya Industries Ltd., filed a criminal writ petition challenging an order of the Special Metropolitan Magistrate, Mumbai, d...