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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand and Acceptance of Bribe. Conviction under Sections 7, 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance beyond reasonable doubt.

The appellant, Mahesh Ramesh Jadhav, was convicted by the Special Judge, Amalner, for offences under Sections 7 and 13(1)(d) of the Prevention of Corr...

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Bombay High Court Acquits Appellants in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7, 13(2) read with 13(1)(d) and Section 12 of Prevention of Corruption Act, 1988 set aside as sole trap witness was a stock witness and evidence lacked corroboration.

The case involves two appeals against conviction under the Prevention of Corruption Act, 1988. The appellant Gopal Gadhave (accused no.1) was convicte...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Selvaraj Johnson Rodrigo, was convicted by the Special Judge, Mumbai, for offences under Sections 7 and 13(2) read with 13(1)(d) of the...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Upholds Conviction for Cheating in Promise-to-Marry Case — Acquittal for Rape Stands. Accused convicted under Section 417 IPC for inducing sexual intercourse on false promise of marriage, but acquitted of rape as consent was not vitiated.

The appellant, Lahanu Waman Kharde, was convicted by the Additional Sessions Judge, Sangamner, for the offence punishable under Section 417 of the Ind...