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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Karnataka Quashes Proceedings in NI Act Complaint for Non-Compliance with BNSS Section 223 Procedure. Mandatory hearing of accused at cognizance stage under first proviso to Section 223 BNSS applies to complaints under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Ashok S/o Siddappa Bankar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Secti...

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Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...

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High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused.

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyapp...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. FIR registered at Ahmednagar quashed as cheque was drawn on Navsari bank and no cause of action arose within Ahmednagar under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, original accused in FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908.

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/-...

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Bombay High Court Upholds Conviction of Accused in Cheque Bounce Case Under Section 138 NI Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove That Cheque Was Not Issued for Discharge of Any Debt or Liability, Leading to Confirmation of Concurrent Sentence of Six Months.

The case arises from a criminal revision application filed by the accused, Krishna Gudi, against the judgment and order of the Additional Sessions Jud...

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Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

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CRIMINAL WRIT PETITION NO.1659 OF 2005

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