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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision.

The case involves a criminal revision petition filed by the accused, S. Mohammed, challenging his conviction under Section 138 of the Negotiable Instr...

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Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Accused failed to rebut presumption of legally enforceable debt or liability.

The petitioner, Smt. Megha M Padavalkar, was convicted by the JMFC (II Court), Karwar in C.C. No. 540/2008 for the offence under Section 138 of the Ne...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Lack of Proof of Debt and Probable Defence. Complainant Failed to Establish Legally Enforceable Debt as Cash Loan Exceeded Income Tax Limit and No Documentary Evidence of Transaction.

The appeal was filed by the complainant (Smt. Shobha and others) against the acquittal of the respondent/accused (Gajanan Joshi) under Section 138 of ...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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Bombay High Court Dismisses Winding Up Petitions for Non-Compliance with Statutory Notice Under Section 434 of Companies Act, 1956. Statutory notice requirement under Section 434(1)(a) held mandatory and cannot be waived by agreement between parties.

The petitioner, Dolphin Investment Pvt. Ltd., filed two company petitions under Section 433(e) and (f) of the Companies Act, 1956, seeking winding up ...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...