Search Results for "presumption under Section 139"

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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High Court Dismisses Leave to Appeal Against Acquittal in Cheque Dishonour Cases Under Section 378(4) of CrPC. Complainant's Failure to Prove Legally Enforceable Debt and Suppression of Illicit Relationship Undermine Presumption Under Section 139 of Negotiable Instruments Act, 1881.

The case arose from two criminal applications filed by the original complainant seeking leave to appeal under Section 378(4) of the Code of Criminal P...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act as Material Alteration Defence Fails Due to Drawer’s Knowledge. Court Relies on Accused’s Own Photocopy Showing Alteration to Conclude That Alteration Pre-Existed Issuance, Thus No Violation of Section 87.

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent against the petitioner for dishonou...

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High Court of Bombay at Goa Dismisses Criminal Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881. Concurrent Findings That Accused Failed to Rebut Presumption Under Section 139 and Cheque Was for Legally Enforceable Debt Upheld.

The petitioner, accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged his conviction and sentence imposed by th...

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High Court of Bombay at Nagpur Reverses Acquittal of Accused in Cheque Dishonour Case Under Section 138 N.I. Act Due to Failed Rebuttal of Presumption. Hand Loan Repayment Defence Not Proved by Accused; Holder's Authority Under Section 20 to Complete Inchoate Cheque Affirmed.

The appeal before the High Court of Bombay, Nagpur Bench, arose from a judgment of the Judicial Magistrate First Class, Nagpur, acquitting the accused...

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Bombay High Court Sets Aside Trial Court Order Denying Expert Evidence in Cheque Dishonour Case. Accused Granted Opportunity to Rebut Presumption Under Section 139 of Negotiable Instruments Act by Obtaining Forensic Analysis of Allegedly Altered Cheque Within Six Months.

The applicant, an accused facing prosecution under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application before the Bombay...

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High Court of Bombay at Goa Upholds Conviction in Cheque Bounce Case, Sets Aside Acquittal by Appellate Court. Accused's Defence of Blank Cheque Misuse Rejected and Finding of Complainant as Unregistered Moneylender Held Erroneous for Lack of Evidence of Interest-Based Lending.

The appeal arose from a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, 1881. The original complainant (appellant) had...

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High Court of Bombay at Goa Examines Appeal Against Acquittal in Cheque Dishonour Case Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 Not Rebutted by Mere Denial or Failure to Examine Accused; Appellate Court May Interfere Only on Perverse Findings.

The appeal before the High Court of Bombay at Goa arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The appellant, as ...