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High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Under Section 138 NI Act Upheld. Accused Failed to Rebut Presumption of Legally Enforceable Debt or Discharge, and Signature on Cheque Was Admitted.

The case involves a criminal revision petition filed by R. Hanumantharaya (the accused) against the judgment and order dated 02-01-2019 passed by the ...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

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Supreme Court Dismisses Appeal of Accused in Cheque Dishonour Case — Upholds Conviction Under Section 138 NI Act for Security Deposit Refund. Cheques Issued for Refund of Security Deposit Under Lease Agreement Constitute Legally Enforceable Debt; Compensation Enhanced to Full Deposit Amount.

The case arises from a lease-cum-rent agreement dated 12th May 2014 between the appellant-accused (landlord) and the respondent-complainant (tenant) f...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. The court held that the trial court erred in failing to apply the presumption under Section 139 of the Negotiable Instruments Act, 1881, and that the accused failed to rebut the presumption.

The appellant, Doshi Brothers, a proprietary concern, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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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.

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

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Bombay High Court Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal.

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 20...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Debt Legally Enforceable. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 - Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Sri K.T. Krishnappa, against his conviction under Section 138 of the Negotiable I...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...