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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish that the cheque was issued for a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Pradeep Kashiram Kadam, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act...

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High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls.

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bom...

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High Court of Bombay at Goa Acquits Accused in Cheque Dishonour Case Due to Time-Barred Debt. Cheque Issued for Debt Beyond Limitation Period Not Legally Enforceable Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, an accused convicted under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal revision application before the High ...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Allows Compounding of Offence Under Section 138 of Negotiable Instruments Act, 1881, Quashes Conviction and Sentence in Cheque Dishonour Case. Parties Compromise During Revision, Court Permits Compounding and Acquits Accused.

The applicant, Santosh s/o Namdevrao Patait, was the original accused in a complaint filed by respondent no.2, Narhari s/o Devrao Komatwar, under Sect...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...