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Bombay High Court Allows Appeal Against Compensation Order in Dishonour of Cheque Case — Mere Failure to Prove Case Not Sufficient for Compensation Under Section 250 CrPC. The court held that without a finding of false or vexatious complaint, compensation cannot be imposed under Section 250 CrPC.

The appellant, Prashant Jawarkar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Dr. Ganesh Vasu,...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant Established Debt and Signature Presumption Under Section 139 of NI Act, Accused Failed to Rebut.

The case involves a criminal appeal filed by the complainant, K.A. Ananda, against the acquittal of the accused, N. Gangadhara, for the offence under ...

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High Court of Bombay at Nagpur Allows Appeal in Cheque Dishonour Case Due to Discrepancy in Date of Knowledge of Dishonour — Notice Held to be Within Time as Complainant Received Information on 23rd May, 1997.

The appellant, Tarachand Paliwal (since deceased, represented by his legal heir Rupesh Paliwal), filed a criminal appeal against the acquittal of the ...

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Supreme Court Quashes Complaint Against Director in Cheque Dishonour Case for Non-Joinder of Company. Prosecution under Section 138 NI Act cannot proceed without arraigning the company as an accused, and notice of demand must be served on the company.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent against the appellant, Himanshu, alleg...

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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 at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...