Search Results for "presumption under Section 139"

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Search Results for "presumption under Section 139"

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High Court

Bombay High Court at Goa Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Not Rebutted Despite Absence of Loan Documents.

9 Apr 2010

The case involves a criminal revision application filed by Mrs. Devarsha Dnyaneshwar Parob, the accused, against her conviction under Section 138 of t...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case Due to Complainant's Suppression of Payments — Acquittal Set Aside, Conviction Restored. The court held that suppression of payments by the complainant does not automatically rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881; the accused must lead evidence to rebut the presumption.

22 Mar 2010

The appeal was filed by the complainant, Mr. Anthony Francis D'Souza, against the judgment dated 26/06/2009 passed by the Judicial Magistrate First Cl...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; failure to rebut leads to conviction.

9 Apr 2025

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Upheld as Concurrent Findings of Fact Cannot Be Reappreciated Under Section 397 Cr.P.C. The court held that once the accused admits his signature on the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 arises, and the accused must rebut it with probable evidence; failure to do so results in conviction under Section 138.

24 Feb 2025

The petitioner, Thomas Mani, was convicted by the trial court for an offence under Section 138 of the Negotiable Instruments Act, 1881, for dishonour ...

High Court

Bombay High Court Allows Criminal Writ Petition and Revision in Dishonour of Cheque Case — Quashes Conviction Due to Non-Compliance with Section 138 NI Act Requirements. The court held that the complainant failed to prove the existence of a legally enforceable debt or liability and that the notice of demand was not properly served, leading to acquittal of the accused.

12 Jun 2020

The case involves a dispute between Monika Sales Agencies (a partnership firm) and its partner Sunil Lalchand Munot (petitioners) against Mahesh Nagar...

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 NI Act Case, Sets Aside Acquittal Based on Incorrect Application of Bombay Money Lenders Act. Court holds that mere filing of previous complaints does not prove money lending business without license under Section 138 of Negotiable Instruments Act, 1881.

9 Aug 2023

The appellant, Gulabrao Mahadeo Ghorpade, filed a criminal appeal against the acquittal of the respondent, Chandrakant Pandharinath Nehate, by the Add...

High Court

Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved.

26 Apr 2023

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments A...

High Court

Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

25 Apr 2023

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

High Court

High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Dishonour of Cheque for Outstanding Dues Constitutes Offence Under Section 138 of Negotiable Instruments Act, 1881. The court held that the presumption under Section 139 of the N.I. Act applies and the accused failed to rebut it, confirming the conviction and fine.

11 Mar 2013

The petitioners, M/s Gold Field Steels Pvt Ltd and Sri Sundareshan, were convicted by the XXI Addl. Chief Metropolitan Magistrate, Bangalore, for the ...

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