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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 — Presumption Under Section 139 Rebutted by Accused Showing Loan Not Advanced.

The case involves a criminal revision petition filed by the accused, Jagadish R, challenging his conviction under Section 138 of the Negotiable Instru...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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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.

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...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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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.

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...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...