Search Results for "Negotiable Instruments Act"

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Bombay High Court Dismisses Revision in Cheque Dishonour Case — Conviction Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted as accused failed to prove repayment of hand loan.

The case involves a criminal revision application filed by the accused, Manoj Ghansham Birla, against his conviction under Section 138 of the Negotiab...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision.

The case involves a criminal revision petition filed by the accused, S. Mohammed, challenging his conviction under Section 138 of the Negotiable Instr...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Time-Barred Debt. Debt or Liability Must Be Legally Enforceable on the Date of Cheque Issuance Under Section 138 of Negotiable Instruments Act, 1881.

The appellant, M. Shantilal & Co., a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respond...

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Bombay High Court Dismisses Appeal Against Summary Decree in Dishonoured Cheque Case — Interest at 18% p.a. under Section 80 of Negotiable Instruments Act, 1881. Cheque is an 'instrument' under Section 80, entitling payee to interest at 18% per annum from date of presentation.

The appeal arises from an order making a Summons for Judgment absolute and decreeing a suit for recovery of Rs.64,02,308/- with interest at 18% p.a. f...

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Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

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Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...