Search Results for "Dishonour of cheque"

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Search Results for "Dishonour of cheque"

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High Court

High Court of Karnataka Acquits Accused in Negotiable Instruments Act Case — Dishonour of Cheque Due to Insufficient Funds. Conviction Set Aside as Complainant Failed to Prove Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

10 Dec 2021

The revision petition was filed by Smt. Gouri, the accused, challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881. The ...

High Court

High Court of Karnataka Dismisses Revision Petitions in Dishonour of Cheque Cases — Conviction Under Section 138 NI Act Upheld Due to Lack of Evidence on Loan Repayment. The court held that concurrent findings of fact cannot be interfered with in revision unless perverse, and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

30 Aug 2021

The petitioner, Sri Narayana Mudaliyar @ Narayana Raju, was convicted under Section 138 of the Negotiable Instruments Act, 1881, in two separate cases...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence.

25 Jun 2021

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the...

High Court

High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Restores Conviction for Dishonour of Cheque. Complainant's Financial Capacity to Advance Loan and Legally Enforceable Debt Established, Reversing Acquittal by Sessions Court.

31 Mar 2021

The appellant, Krishna Gopal Khetan, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of...

High Court

High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque.

11 Feb 2021

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotia...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Conviction for Dishonour of Cheque When Debt is Less Than Cheque Amount. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 applies to the existence of a legally enforceable debt, and the accused must rebut it; mere discrepancy in amount does not vitiate the complaint if the debt is proved.

3 Feb 2021

The appellant, M. Ramesh Kumar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Riyaz Ur Rehaman, ...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheques Issued in Discharge of Liability — Service of Notice by Registered Post Deemed Sufficient Despite Return as Undelivered.

22 Nov 2005

The case involves a criminal revision application filed by the accused against his conviction under Section 138 of the Negotiable Instruments Act, 188...

High Court

Bombay High Court Dismisses Revision Against Conviction Under Section 138 NI Act — Rejects Arguments on Repeal of Amending Act, Default Sentence, and Notice Validity. The Court held that the repeal of the amending Act does not affect the provisions, imprisonment in default of compensation is permissible, and service by UPC is sufficient.

30 Sep 2005

The applicant, Mohamed Ali Mulla, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque of Rs. 5,00,000 is...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Inconsistent Defence and Failure to Rebut Presumption. Accused Convicted Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Friendly Loan.

4 Aug 2005

The appellant, Ramdas Anant Naik, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent Jacob Fernandes, alle...

High Court

Bombay High Court Dismisses Revision Against Acquittal in Cheque Bounce Case. Complainant's Admission of No Business Transaction Rebuts Presumption Under Section 139 of Negotiable Instruments Act, 1881.

20 Jul 2005

The case involves a criminal revision application filed by the original complainant and the State against the acquittal of the accused under Section 1...

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