Search Results for "Legally enforceable debt"

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Search Results for "Legally enforceable debt"

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Supreme Court

Supreme Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt or Liability. The Court upheld the High Court's decision that the complainant failed to establish that the cheques were issued in discharge of a legally enforceable debt, as the transaction was for stock market trading and not a financial assistance.

9 Apr 2024

The petitioner, a partnership firm dealing in iron and steel products, filed four complaint cases under Section 138 of the Negotiable Instruments Act,...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Conviction Under Section 138 NI Act Restored. Complainant's Evidence Sufficient to Prove Debt and Liability Despite Accused's Defence of Property Dispute.

28 Jul 2023

The appellant, Smt. F. Chandra, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 0...

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 in Cheque Dishonour Case but Modifies Sentence to Fine Only. Complainant's Revision for Enhanced Compensation Dismissed as Accused's Liability Already Discharged.

16 Mar 2022

The case involves two criminal revision applications arising from a cheque dishonour matter under Section 138 of the Negotiable Instruments Act, 1881....

High Court

High Court of Bombay at Aurangabad Upholds Conviction in Cheque Dishonour Case — Rebuttable Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court dismissed the revision application, affirming the concurrent findings of conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued for repayment of a hand loan.

24 Jan 2019

The applicant, Vishnu s/o Amthalal Patel, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by t...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

31 Jan 2018

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

16 Jul 2015

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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 Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

24 Feb 2010

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court held that the accused failed to prove his defence on preponderance of probabilities and the cheque was issued for a legally enforceable debt.

19 Sep 2006

The appellant, Smt. Prabha Gandhi, filed a criminal appeal against the acquittal of the respondent, Manohar Deshmukh, by the Judicial Magistrate First...

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