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Results of 138 complainant

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MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was issued - Statutory notice..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Rebuttal of - Standard of proof - Held, a presumption which has to be raised by Courts as required u/s 139 of the Act in favour of complainant need not be rebutted by accused by adducing any positive evidence - It is enough on his part to show the circumstances in his favour..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of - Notice is not served upon accused but it was received by a family member of accused - Held, complainant has not complied with the requirement of giving notice in terms of clause (b) of the proviso to S.138 of the Act - Lower appellate Court was justified in acquitting..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lakhs - Accused convicted and sentenced to one year SI and to pay a fine of Rs.5, 000/- and accused further directed to pay compensation of Rs.2.20 lakhs to the complainant - Accused deposited the amount of Rs.2.20 lakhs - Accused aged 51 years of age and a poor widow who is earning..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents are with them, no..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - - Re-examination of complainant sought for proving certain past transactions through bills to prove acquaintance between parties to the dispute - Held, move to invoke S.311 of the Code cannot be dubbed as an act to fill in..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Additional evidence - Additional evidence of complainant was essential for just decision of case - Opportunity afforded is fair for the reason that it does not allow making of new case or something which is inherently repugnant to case already made out..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - There were business transactions between complainant and accused and some amount was due from accused to complainant - There were so many transactions between parties - Complainant failed to produce relevant bill books and entries in account books - Held, opportunity has to be..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused was a driver who used to drive lorry owned by complainant - Case of complainant that he had lent Rs.4,85,000/- to accused and cheque given by accused in discharge of debt got dishonoured - Complaint failed to produce any document to show that he was in fact having that..........

Showing : 691-700 of 1561 Results