Search Results for "Security Cheque"

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Search Results for "Security Cheque"

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High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Prima Facie Case Against Applicants. Court holds that mere issuance of cheque without existing debt or liability does not attract offence under Section 138 of Negotiable Instruments Act, 1881.

19 Sep 2018

The applicants, Sanjay Hapgunde and Pradip Kalyane, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qu...

High Court

High Court of Bombay at Nagpur Dismisses Appeal by Society in Cheque Dishonour Case for Failure to Prove Debt. Appellant Society Could Not Establish Outstanding Loan Amount After Auction of Pledged Goods, Resulting in Acquittal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The appellant, Buldana Urban Co-op. Credit Society Ltd., filed a criminal appeal against the acquittal of the respondent, Pyaru Saimulla Sheikh, for a...

High Court

Bombay High Court Allows Recall of Complainant for Cross-Examination in Cheque Dishonour Case — Section 311 CrPC Application Improperly Dismissed. The court held that the trial court erred in dismissing the application under Section 311 CrPC as the cross-examination was perfunctory and recall was necessary for a just decision.

31 Jan 2020

The petitioner, Shri Pedro Marcel Ferrao, filed a Criminal Writ Petition under Article 227 of the Constitution of India read with Section 482 of the C...

High Court

Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

19 Aug 2022

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

14 Dec 2005

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

High Court

Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the cause of action under Section 138 of the Negotiable Instruments Act, 1881 arises only at the place where the cheque is presented and dishonoured, not at the place of issuance or the complainant's registered office.

3 Mar 2010

The petitioner, Mrs. Preetha S. Babu, a resident of Ernakulam, Kerala, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution b...

High Court

High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

4 May 2026

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case — Complainant Fails to Prove Legal Liability as Cheque Was Given as Security and Payment Already Made. The court upheld the trial court's finding that the accused had rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881 by showing that the cheque was a security and that the debt had been discharged.

15 Nov 2019

The appellant, Shantaram Namdeo Sathe, filed a criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. The court held that the Trial Court erred in acquitting the accused despite the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, as the accused failed to rebut the presumption.

14 Jan 2010

The appeal arises from the judgment and order of acquittal passed by the J.M.F.C., Mapusa, Goa, in OA case No.625/2007/F, acquitting the respondent/ac...

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 ...

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