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Search Results for "signed cheque"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

High Court

Bombay High Court Allows Insurance Company's Petition Against NCDRC Order in Housing Society Dispute — Policy Repudiation Upheld Due to Breach of Condition Regarding Unauthorized Construction. The court held that the insurer was justified in repudiating the claim as the insured failed to disclose material facts about unauthorized construction, which was a fundamental breach of policy conditions.

15 Dec 2025

The petitioner, New India Assurance Co. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 4 Decemb...

Supreme Court

Supreme Court Dismisses Appeal in Dishonored Cheque Case Under Negotiable Instruments Act, 1881. The court upheld the conviction under Section 138 as the appellant failed to rebut the presumption under Section 139 by establishing a probable defence, despite examining bank officers to challenge the complainant's financial capacity.

7 Mar 2022

The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, where the respondent alleged that the appellant issued a...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

24 Jul 2019

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Averment of Insufficient Funds. Stop Payment Instructions After Request Not to Present Cheque Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

22 Jul 2019

The petitioner, Manisha Salekar, filed a criminal writ petition challenging the order dated 17.12.2018 passed by the Additional Sessions Judge, Kalyan...

High Court

High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Section 462 Cr.P.C. Bars Quashing on Ground of Want of Jurisdiction. Court holds that even if the complaint was filed at a place without territorial jurisdiction, the proceeding cannot be quashed; the proper remedy is to seek return of complaint under Section 201 Cr.P.C.

29 Nov 2012

The petitioner, Madan Motichand Gupta, proprietor of Quick Services, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of ...

High Court

Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

21 Jul 2006

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

14 Dec 2005

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

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