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High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption of Legally Enforceable Debt Under Section 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision Under Sections 397 and 401 of Code of Criminal Procedure, 1973.

11 Jul 2024

The revision petitioner, D.B. Jatti, was convicted by the XX Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No. 17696/2013 for the offen...

High Court

Bombay High Court Allows Appeal in NI Act Case, Sets Aside Acquittal of Director and Company for Non-Compliance with Section 138 Requirements. The court held that the trial court erred in acquitting the director without deciding the company's liability and misdirected itself on the issue of statutory notice.

7 Mar 2024

The appellant, S. Selvakumari Perulmal, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Kaushal Realtors Pvt. Ltd....

Supreme Court

Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

1 Jan 2024

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

19 Dec 2023

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Ma...

High Court

High Court of Karnataka Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. The court held that the complainant proved the existence of a legally enforceable debt and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

20 Sep 2023

The complainant, Chidamber S. Nanavate, filed a criminal appeal under Section 378(1) and (4) of the Code of Criminal Procedure, 1973, challenging the ...

High Court

Karnataka High Court Adjudicates Petition Under Section 482 Cr.P.C. for Quashing of FIR in Alleged Extortion. Court Considers Whether FIR Discloses Cognizable Offence Under Section 384 IPC When No Ingredients Alleged.

8 Sep 2021

The petitioner, an Assistant Commissioner of Police in the CCB, filed a petition under Section 482 Cr.P.C. seeking to quash FIR No.64/2020 registered ...

High Court

Bombay High Court Quashes FIR in Maharashtra Money Lending Act Case — No Prima Facie Case of Business of Money Lending. Court holds that mere lending of money without license does not constitute an offence under Sections 23, 39, 45, and 48 of the Maharashtra Money Lending (Regulation) Act, 2014 unless the lender is a 'money lender' as defined under Section 2(10) of the Act.

9 Feb 2018

The applicants, Baliram Ashroba Kadape, Ashroba Maruti Kadape, and Namdeo Achyutrao Pote, filed Criminal Application No. 3884 of 2017 under Section 48...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

9 Jan 2018

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Debt and Lack of Proper Service of Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Legally Enforceable Debt and Notice Was Not Properly Served.

25 Apr 2014

The revision petition was filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a ch...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Court holds that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature of cheque are admitted, and accused failed to rebut the presumption.

29 Jan 2013

The appellant, Ranjit Singh Sethi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abdul Jalil Sha...

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