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High Court

High Court of Bombay at Aurangabad Upholds Conviction in Cheque Dishonour Case — Rebuttable Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The court dismissed the revision application, affirming the concurrent findings of conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued for repayment of a hand loan.

24 Jan 2019

The applicant, Vishnu s/o Amthalal Patel, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by t...

High Court

Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Lack of Proof of Debt. Security Cheque for Future Sponsorship Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

25 Sep 2014

The appellant, Smt. Ranju Batra, proprietor of M/s Admark Incorporated, filed two criminal appeals against the acquittal of respondent no. 1, Bhushan ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

3 Sep 2019

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

High Court

Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Accused's Assurance to Honour Cheque on Re-deposit Does Not Bar Prosecution When Complaint Filed Within Limitation.

25 Apr 2006

The appellant, Ex-Major Uday Sathe, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He sold 50 equit...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Appellant Failed to Prove Legally Enforceable Debt. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 was rebutted by the accused, and the acquittal was proper.

10 Nov 2023

The appellant, M/s. IVY Jewellery Pvt Ltd, a company dealing in diamond jewellery, filed a complaint under Section 138 of the Negotiable Instruments A...

High Court

High Court of Bombay at Goa Allows Revision in Cheque Bounce Case, Holding Benami Transaction Does Not Bar Prosecution Under Section 138 NI Act. The court restored the Magistrate's order issuing process, ruling that the existence of a legally enforceable debt is a triable issue and cannot be decided summarily at the stage of process.

24 Nov 2006

The petitioner, Mohamad Naushad, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Anthony Carvalho,...

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...

High Court

High Court of Karnataka Quashes Complaint in Cheque Dishonour Case Due to Delayed Statutory Notice. Notice Issued Beyond 30 Days from Cheque Dishonour Renders Complaint Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

5 Mar 2015

The petitioner, Smt. M. Shashikala, was facing trial in a complaint filed by the respondent, Sri Krishna Murthy, under Section 138 of the Negotiable I...

High Court

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Section 138(b) of the Act.

22 Apr 2014

The petitioner, M/s Soft-touch Computer through its proprietor Shashikant Bhaskar Zope, filed three criminal writ petitions under Section 482 of the C...

High Court

Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the cause of action under Section 138 of the Negotiable Instruments Act, 1881 arises only at the place where the cheque is presented and dishonoured, not at the place of issuance or the complainant's registered office.

3 Mar 2010

The petitioner, Mrs. Preetha S. Babu, a resident of Ernakulam, Kerala, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution b...

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