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Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained.

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/...

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Bombay High Court Dismisses Second Appeal in Loan Recovery Suit — Confirms Decree for Rs. 48,168 with Interest. Plaintiff's claim for loan repayment upheld as defendants failed to prove that cheques were issued as security for a loan to plaintiff.

The plaintiff, Kishore K. Shah, filed a suit for recovery of Rs. 48,168/- with interest against the defendants, Vasanti Babli Borkar and Govind Babli ...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Applicant's Conduct and Suicide. Allegations of harassment for repayment of loan do not constitute abetment under Section 306 IPC as there was no direct instigation or active participation.

The applicant, Rahul s/o Bapu More, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of ...

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Bombay High Court Quashes Process Against Accused in Cheating Case Due to Civil Nature of Dispute. Dishonour of cheque and failure to pay amount under agreement treated as civil liability, not criminal breach of trust or cheating under Sections 406 and 420 IPC.

The petitioner, Vivek Vishwanath Kenge, was the original accused in a criminal case filed by Vishwam Power & Buildcon Pvt. Ltd. The respondent company...

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Madras High Court Dismisses Writ Petition Challenging Dismissal of Postal Assistant for Misappropriation in KVP Discharge Case. Disciplinary Proceedings Upheld as Fair and Consistent with Natural Justice Principles.

The petitioner, S. Srinivasan, was a Postal Assistant in the Department of Posts. While working at HPO Dharapuram, he discharged five Kisan Vikas Patr...

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Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...

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Supreme Court Acquits Accused in Cheque Dishonour Case Following Compromise. Conviction under Section 138 NI Act set aside as complainant received full amount and parties settled.

The appellant, M/s Ganga Bhavani Constructions, represented by its proprietor Sri Reddy Satyanarayana @ Satish, was convicted under Section 138 of the...

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Bombay High Court Dismisses Petitions by Directors Challenging Process in Cheque Dishonour Cases — Directors Held Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881

The petitioners, Suresh Motwani (Chairman) and Kishore Motwani (Director) of Sun Earth Ceramics Ltd., challenged the issuance of process against them ...