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Bombay High Court: “Proof of source of funds is not mandatory once issuance of cheque is admitted; presumption under Section 139 NI Act firmly applies” – Conviction for Cheque Bounce Upheld
Posted inNews

Bombay High Court: “Proof of source of funds is not mandatory once issuance of cheque is admitted; presumption under Section 139 NI Act firmly applies” – Conviction for Cheque Bounce Upheld

Court’s Decision The Bombay High Court dismissed the revision petition filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. The Court upheld the…
Posted by Rawlaw October 2, 2025
cheque bounce
Posted inNews

Delhi High Court Upholds Criminal Proceedings in ₹1.9 Crore Cheque Bounce Case: “Prima facie liability subsisted, presumption under Section 139 of Negotiable Instruments Act cannot be rebutted at pre-trial stage”

Court’s Decision The Delhi High Court dismissed a petition seeking quashing of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner had issued two post-dated cheques…
Posted by Rawlaw August 2, 2025
cheque dishonour
Posted inNews

Calcutta High Court Quashes NI Act Proceedings Against Company Secretary of Parekh Aluminex: “It would be a travesty of justice to drag directors… only because of their designation”

Judgment Title Parekh Aluminex Ltd. & Anr. v. Venus Orchards Pvt. Ltd. (Calcutta High Court, Judgment dated 18 June 2025 by Justice Ajay Kumar Gupta) Court’s Decision The Calcutta High…
Posted by Rawlaw June 20, 2025
section 138 ni act
Posted inNews

Kerala High Court Upholds Conviction under Section 138 NI Act: “Accused Failed to Rebut Presumption of Legally Enforceable Debt”

Court’s Decision In Criminal Appeal No. 774 of 2007, the Kerala High Court upheld the conviction and sentence imposed by the trial court on the appellant under Section 138 of…
Posted by Rawlaw June 18, 2025

Recent News

  • Bombay High Court curtails Charity Commissioner’s overreach under public trust law — “Section 41A is about property and income, not moral correction,” apology direction quashed
  • Bombay High Court upholds quashing of stop-work notice under municipal law — “Authority must pass a reasoned order after reply; vague notices cannot stand,” appeal dismissed
  • Bombay High Court rejects MSME restructuring plea for ₹30 crore loan — “Eligibility under RBI revival framework hinges on loan limit, not outstanding exposure,” writ petition dismissed
  • Bombay High Court upholds arbitral award granting escalation despite restrictive clauses — “A defaulting employer cannot hide behind no-compensation terms,” commercial arbitration appeal dismissed
  • Bombay High Court refuses to appoint arbitrator for railway contract disputes exceeding 20% cap — “Party autonomy permits selective arbitrability; court cannot compel arbitration beyond agreed threshold,” Section 11 application dismissed
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