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High Court

Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in Cheque Dishonour Case — Jurisdiction Lies Where Cheque Is Presented for Collection. The court held that under Section 138 of the Negotiable Instruments Act, 1881, the place where the cheque is presented for collection is a relevant factor for territorial jurisdiction, and the Magistrate at Mumbai had jurisdiction as the cheques were deposited there.

14 Jun 2013

The petitioners, Sharda Polycolours Private Limited and its directors, were accused in a complaint under Section 138 of the Negotiable Instruments Act...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Conviction under Section 138 of Negotiable Instruments Act, 1881 set aside as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

10 Jul 2026

The revision petition was filed by Sri. Shanmugam (petitioner) against the judgment of conviction and sentence dated 03.12.2022 passed in C.C.No.259/2...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

Supreme Court

Supreme Court Restores Conviction of Accused in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881. The High Court Erred in Setting Aside Concurrent Conviction by Questioning Payment of Consideration Despite Admitted Signatures and Statutory Presumptions Under Sections 118 and 139 of the Act.

23 Sep 2021

The dispute originated from a transaction where the respondent agreed to sell a house to the appellant for Rs. 4,00,000, with an advance of Rs. 3,50,0...

High Court

High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt.

3 Feb 2023

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negot...

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...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

High Court

Bombay High Court Allows Petition in Negotiable Instruments Act Case — Handwriting Expert Not Required When Signature Admitted Under Section 20 of NI Act. The court held that under Section 20 of the Negotiable Instruments Act, 1881, the payee is authorized to fill up the cheque, making expert opinion on handwriting unnecessary when the drawer admits his signature.

2 Dec 2025

The petitioner/complainant filed a criminal writ petition challenging the judgment and order dated 18-06-2025 passed by the learned Additional Session...

High Court

Bombay High Court Quashes Process Against Accused in Section 138 NI Act Case — Cheque Not Drawn on Accused's Account. Applicant cannot be held vicariously liable under Section 138 of Negotiable Instruments Act, 1881 as the cheque was drawn on the account of a proprietorship firm, not on the personal account of the accused.

12 Feb 2016

The applicant, Dr. (Mrs) Rajul Ketan Raj, was accused no.1 in three complaints filed by Reliance Capital Ltd. under Section 138 of the Negotiable Inst...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption of Legally Enforceable Debt Under Section 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision Under Sections 397 and 401 of Code of Criminal Procedure, 1973.

11 Jul 2024

The revision petitioner, D.B. Jatti, was convicted by the XX Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No. 17696/2013 for the offen...

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