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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Evidence of Demand and Acceptance. Conviction under Sections 7, 12, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Ramdas Waman Tadge, was convicted by the Additional Sessions Judge, Malegaon, in Special (A.C.B.) Case No. 01 of 2008 for offences unde...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7, 12, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Ramdas Waman Tadge, was convicted by the Additional Sessions Judge, Malegaon, in Special (A.C.B.) Case No. 01 of 2008 for offences unde...

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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 Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Over Rent Default — Notice of Demand Not Proved. Education Cess Not Payable Monthly Under Maharashtra Education (Cess) Act, 1962, Hence Section 12(3)(a) of Bombay Rents, Hotel and Lodging Rates (Control) Act, 1947 Not Attracted.

The case involves a landlord's suit for eviction of tenants from two rooms in Mumbai on the ground of default in payment of rent. The landlord issued ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Inconsistent Defence and Failure to Rebut Presumption. Accused Convicted Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Friendly Loan.

The appellant, Ramdas Anant Naik, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent Jacob Fernandes, alle...