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Gujarat High Court Dismisses Revision Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt and Notice. Complainant Could Not Establish Legally Enforceable Debt or Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881.

The applicant, Dr. Anilbhai Dineshchandra Chauhan, filed a criminal revision application under Section 397 of the Code of Criminal Procedure, 1973, ch...

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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The complainant, M/s Bagalkot Cement and Industries Limited (formerly Kanoria Industries Limited), a public limited company manufacturing cement, file...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Stands Unless Accused Rebuts with Probable Defence.

The appellant, Dilip Virumal Ahuja, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment and...

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Accused Failed to Rebut Presumption Under Section 139 NI Act. Concurrent findings of fact by lower courts not interfered with as accused's mere denial of debt insufficient to rebut statutory presumption.

The case involves a criminal revision petition filed by the accused, Sri N. Jagadeesh, against his conviction under Section 138 of the Negotiable Inst...

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Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...