Search Results for "cheque amount"

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Search Results for "cheque amount"

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High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

High Court

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.

11 Jun 2014

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...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Security for Loan — Blank Cheque Given as Security Does Not Absolve Liability if Debt Exists

4 Mar 2005

The petitioner, Chandrakant Laxman Kerkar, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque for Rs. 6...

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

High Court of Karnataka Upholds Conviction in Cheque Bounce Case but Reduces Compensation Amount. Dishonour of Cheque for Rs. 7,10,000 under Section 138 of Negotiable Instruments Act, 1881 - Sentence reduced from Rs. 7,10,000 to Rs. 4,70,000.

9 Jul 2025

The petitioner, M/s. Banavathy & Company, filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the judgment date...

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Section 139 of NI Act. The court confirmed that the accused's defence of a blank cheque was not credible and that the complainant had proved the existence of a legally enforceable debt.

24 Jun 2024

The case involves a criminal revision petition filed by the accused, C. Niranjan Yadav, challenging his conviction under Section 138 of the Negotiable...

High Court

High Court of Bombay at Goa Upholds Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Defence of Blank Cheque Given as Security, Leading to Confirmation of Sentence Under Section 138 of Negotiable Instruments Act, 1881.

5 Feb 2015

The case arises from a complaint filed by the respondent (complainant) against the petitioner (accused) under Section 138 of the Negotiable Instrument...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted. The court held that the accused failed to rebut the statutory presumption that the cheque was issued for discharge of a debt or liability, leading to conviction under Section 138 of the Negotiable Instruments Act, 1881.

19 Sep 2006

The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the accused-respondent issued a c...

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