Search Results for "Presumption Under Section 139"

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant.

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Cla...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Complainant Established Ingredients Under Section 138 of Negotiable Instruments Act, 1881; Accused Failed to Discharge Reverse Burden Under Section 139.

The appellant, Suresh Nakra, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Murugesan Ad...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Cheque Dishonour Based on Presumption Under Section 139. Hand Loan of Rs.35,000/- Proved; Accused Failed to Rebut Presumption of Legally Enforceable Debt.

The appellant, Smt. Sumedha Chaudhari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent-accused, Sh...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Non-Application of Presumptions Under Sections 118 and 139. Trial Court Erred in Shifting Burden of Proof Without Considering Rebuttal Evidence and Document Exh.28.

The appellant, Sunanda Rithe, filed a criminal appeal against the acquittal of the respondent, Madhav Rajurkar, by the Chief Judicial Magistrate in Su...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable.

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 18...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...