Search Results for "presumption under Section 139"

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs. 1,50,000 for Plot Purchase — Presumption Under Section 139 N.I. Act Not Rebutted by Accused.

The appellant, Smt. Y. Bangarama, filed a criminal appeal challenging the judgment and order dated 23rd July 2008 passed by the learned Judicial Magis...

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Gujarat High Court Modifies Sentence in Section 138 NI Act Conviction, Reduces Sentence to Period Already Undergone. Revisional Court Cannot Reappreciate Evidence Unless Perverse, But Sentence Can Be Modified in Interest of Justice.

The present judgment arises out of two criminal revision applications filed by the accused, Jamsinghbhai Laxmanbhai Makwana, challenging his convictio...

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Gujarat High Court Upholds Conviction in Cheque Bounce Case Despite Vehicle Seizure Claim. Dishonour of Cheque Under Section 138 NI Act Stands as Liability Not Extinguished by Seizure of Collateral.

The case arises from a criminal revision application filed by Shobhnaben Jayendrakumar Panchal against the judgment of the Sessions Judge, Panchmahal ...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Court Held That Stopping Payment of Cheque Issued as Security for Loan Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two appeals filed by the complainant, M/s. Biharilal Ramnarayan Mantri (HUF), against the acquittal of the accused, Shri Anil Narott...