Search Results for "post-dated cheque"

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Search Results for "post-dated cheque"

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Supreme Court

Supreme Court Restores Acquittal in Cheque Dishonour Case: Presumption Under Section 139 NI Act Rebutted by Preponderance of Probabilities. The Court held that the High Court erred in reversing the trial court's acquittal without proper reasoning, as the accused had successfully rebutted the presumption of a legally enforceable debt.

8 Dec 2021

The Supreme Court allowed the appeal filed by K.S. Ranganatha against the judgment of the Karnataka High Court, which had reversed the trial court's a...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

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 Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature are admitted, shifting burden on accused to rebut.

28 Apr 2015

The appellant, Pandurang Ramchandra Ghorpade, filed two criminal appeals against the acquittal of respondent No.1, Vijay Gopala Lohar, in two separate...

High Court

Bombay High Court Allows Reference of Disputed Cheque to Forensic Laboratory in NI Act Case — Age of Handwriting and Signature Crucial for Defence. The court held that the defence of discharge and misuse of cheque would be seriously prejudiced without forensic examination, and the interest of justice requires sending the document to the forensic laboratory.

9 Jan 2015

The applicant, Smt. Kalpana w/o Dilip Patil, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the ...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Court Holds That Stop Payment Instruction Does Not Absolve Drawer of Liability When Cheque Was Issued for Discharge of Legally Enforceable Debt.

25 Sep 2014

The appellant, Kamal Babulal Sharma, filed a criminal appeal against the judgment and order dated 08/06/2001 passed by the 9th Judicial Magistrate, Fi...

High Court

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.

12 Feb 2014

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

High Court

Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that without proper service of the demand notice under Section 138 of the Negotiable Instruments Act, 1881, the essential ingredient for the offence is not satisfied, and the proceedings are liable to be quashed.

27 Jun 2011

The petitioners, Lalit Tarekar, Motiram Wasnik, and Rajesh Jaiswal, filed a criminal writ petition under Article 227 of the Constitution of India and ...

High Court

Bombay High Court Quashes FIR in Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute. Dispute Arising from Business Transaction Does Not Attract Sections 406 and 420 IPC When Ingredients Are Not Made Out.

9 Jun 2011

The petitioner, Jitendra Nathmal Joshi @ Sharma, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quas...

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