Search Results for "Negotiable Instruments"

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Search Results for "Negotiable Instruments"

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High Court

High Court of Bombay Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'not claimed' or 'refused' is insufficient without further evidence.

30 Nov -0001

The case involves criminal applications filed by Gatrod Agro Bio-Fuels Private Ltd. and its directors (applicants) seeking quashing of criminal procee...

High Court

High Court of Karnataka Examines Criminal Appeal Against Acquittal Under Section 138 of Negotiable Instruments Act on Ground of Erroneous Cheque Number in Legal Notice. The Court Highlights That Mismatch of Cheque Number in the Statutory Notice and Complaint Amounts to a Material Defect Affecting the Validity of the Prosecution Under the N.I. Act.

4 Nov 2020

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that he lent Rs.2,00,000/- to the...

High Court

Bombay High Court Allows Revision in Cheque Dishonour Case for Compensation Enhancement. Court holds that discretion to award compensation under Section 138 of Negotiable Instruments Act must be exercised judiciously to fulfill legislative intent.

26 Feb 2019

The applicants/complainants filed a criminal revision against the judgment of the Judicial Magistrate First Class, Nagpur, which convicted the accused...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Service of notice by Under Postal Certificate (UPC) instead of registered post with acknowledgement due does not meet the requirement of Section 138 of the Negotiable Instruments Act, 1881, leading to quashing of FIR.

15 Mar 2017

The applicants, Suhas @ Pappu s/o Sarjerao Kakade and Sachin s/o Vithalrao Dagdu, filed a criminal application under Section 482 of the Code of Crimin...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to rebut the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, and convicted the accused under Section 138 of the Act.

7 Dec 2020

The appellant, Kiran Rameshlal Bhandari, filed two criminal appeals challenging the judgment and order dated 20.02.2017 passed by the learned Judicial...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

9 Jul 2025

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

High Court

High Court Allows Appeal in Cheque Dishonour Case Due to Non-Examination of Key Witness and Improper Appreciation of Evidence. The court held that the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted and the notice was validly sent after the second dishonour.

1 Dec 2011

The appellant, Navneetdas Narayandas Barshikar, the original complainant, filed an appeal against the judgment and order of acquittal dated 16th Augus...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

3 Feb 2023

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139.

16 Aug 2019

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; failure to rebut leads to conviction.

9 Apr 2025

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

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