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cheque dishonour

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Bombay High Court Clarifies: Cash Loan Does Not Invalidate Cheque Dishonour Conviction under Section 138 of NI Act — ‘Every Cash Transaction Is Not Unaccounted or Illegal’
Posted inNews

Bombay High Court Clarifies: Cash Loan Does Not Invalidate Cheque Dishonour Conviction under Section 138 of NI Act — ‘Every Cash Transaction Is Not Unaccounted or Illegal’

Court’s Decision The Bombay High Court, per Justice N.J. Jamadar, dismissed a writ petition filed under Article 227 of the Constitution of India challenging the Sessions Court’s order directing the…
Posted by Rawlaw October 15, 2025
forensic report
Posted inNews

Bombay High Court Sets Aside Forensic Report in Cheque Dishonour Case: “Filing of Complaint Is Not a Handwriting Analysis—It’s About Legally Enforceable Debt”

Court’s Decision The Bombay High Court allowed a revision application filed by a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, challenging an…
Posted by Rawlaw August 1, 2025
cheque dishonour
Posted inNews

Madras High Court Quashes Cheque Dishonour Proceedings for Defective Statutory Notice: “Mere issuance of notice is not enough, it must fulfill the mandate of Section 138”

Court’s Decision The Madras High Court quashed criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 on the ground that the statutory notice issued to the accused was…
Posted by Rawlaw July 25, 2025
cheque dishonour
Posted inNews

Calcutta High Court Convicts Borrower for Cheque Dishonour Under Negotiable Instruments Act: “Even Cheque Issued as Security Can Be Enforced” – Court Finds Denial of Liability Unsubstantiated

Court’s Decision The Calcutta High Court allowed the appeal filed under Section 372 of the Code of Criminal Procedure challenging the acquittal of the accused in a cheque dishonour case…
Posted by Rawlaw July 16, 2025
cheque dishonour
Posted inNews

Himachal Pradesh High Court Upholds Conviction for Cheque Dishonour, Holding Issuance of Security Cheques Also Attracts Liability Under Negotiable Instruments Act When Presumption Remains Unrebutted Despite Contradictory Defence

Court’s Decision The Himachal Pradesh High Court dismissed the criminal revision and upheld the conviction and sentence imposed on the petitioner under Section 138 of the Negotiable Instruments Act. The…
Posted by Rawlaw July 6, 2025
Karnataka-High-Court-Restores-Convictions-in-Cheque-Dishonour-Cases-Mere-marking-of-receipt-in-both-cases-not-a-ground-to-doubt-financial-capacity-without-rebuttal-evidence
Posted inNews

Karnataka High Court Restores Convictions in Cheque Dishonour Cases: “Mere marking of receipt in both cases not a ground to doubt financial capacity without rebuttal evidence”

Court’s Decision In a detailed judgment dated 13 June 2025, the Karnataka High Court allowed two criminal appeals filed under Section 378(4) of the CrPC. The High Court: Set aside…
Posted by Rawlaw June 18, 2025
cheque dishonour
Posted inNews

Kerala High Court Sets Aside Acquittal in Cheque Dishonour Case—“No Mandate That Cheque Must Be Written by Drawer Himself”

Court’s Decision: The Kerala High Court allowed a criminal appeal filed by the complainant challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The…
Posted by Rawlaw June 16, 2025

Recent News

  • Bombay High Court holds execution under Section 44A must remain summary—“Issues and full-fledged evidence only in exceptional cases”; order framing issues in UAE decree execution set aside
  • Bombay High Court refuses to quash cheque bounce cases over merged bank cheques—“Validity can be curtailed by merger, but ‘funds insufficient’ memo triggers statutory presumption”; accused must prove defence at trial
  • Bombay High Court upholds Industrial Court stay on city body’s circular withdrawing diploma-linked wage increments—“Customary concession can’t be ended unilaterally”,writ dismissed, status quo to continue
  • Bombay High Court sets aside housing society expulsion over member complaints—“Access to justice is not a privilege”; members restored, stay refused
  • Bombay High Court upholds statutory arbitration under Multi-State Co-operative Societies Act despite SARFAESI and RDB proceedings—“Option under RDB Act preserves Section 84 remedy”; Section 34 challenge dismissed
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