Search Results for "presumption under Section 139"

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Supreme Court Upholds Conviction Under Section 138 NI Act Despite Handwriting Expert Opinion — Accused's Failure to Enter Witness Box and Explain Cheque Possession Proves Fatal

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by T.N. Channakeshava (respondent) against M. Abbas...

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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.

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

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued for Repayment of Loan — Revision Dismissed as Concurrent Findings of Fact Not Interfered With

The revision petitioner (accused) was convicted by the trial court for the offence under Section 138 of the Negotiable Instruments Act, 1881 for disho...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish that the cheque was issued for a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Pradeep Kashiram Kadam, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act...

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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.

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

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Bombay High Court Dismisses Writ Petition Challenging Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Dishonour of Cheque Due to Insufficient Funds. Court Held That Presumption Under Section 139 of NI Act Stands Unless Rebutted by Accused on Preponderance of Probabilities.

The case involves a criminal appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque issued by t...