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Search Results for "cheque number"

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High Court

High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

15 Dec 2023

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

29 Nov 2023

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu.

29 Nov 2023

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MP...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of NI Act Not Rebutted by Accused as Signature on Cheque Admitted and Statutory Notice Complied With.

29 Mar 2023

The appellant, M/s. Indian Potash Limited, a company engaged in importing and marketing fertilizers, filed a complaint under Section 138 of the Negoti...

High Court

Bombay High Court Dismisses Leave to Appeal in Cheque Dishonour Case — Acquittal Upheld Due to Failure to Prove Debt or Liability. The court held that the complainant failed to establish the existence of a legally enforceable debt or liability as required under Section 138 of the Negotiable Instruments Act, 1881, as the cheque was issued for a policy that was never drawn.

21 Jan 2019

The applicant, Harilal Khurdhan Ram, an LIC agent, filed a criminal application seeking leave to appeal against the judgment and order dated 24th Nove...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Bounce Case Due to Failure to Prove Debt and Notice. Complainant failed to establish financial capacity and valid demand notice under Section 138 of Negotiable Instruments Act, 1881.

7 Dec 2015

The appellant, Ghanshyam D. Katira, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the ...

High Court

Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

25 Nov 2014

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...

High Court

Bombay High Court Allows Leave to Appeal in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Court holds that dishonour of cheque on ground of 'account closed' constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the complainant need not prove that the cheque was presented within validity period if the accused fails to raise the issue at trial.

14 Oct 2013

The applicant, M/s. V. A. Enterprises, through its proprietor Ashok Pundalik Suryavanshi, filed a criminal application seeking leave to appeal against...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

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