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Results of 138 complainant

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KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lent on few occasions - Total amount lent Rs.1 lakh - Fact that complainant could not give the date when he had paid the amount to accused is no reason to say that he had not lent money to the accused...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complaint - Recalling of complainant sought on the ground that date of transaction between parties was mistakenly noted as 04.05.2001 in affidavit as well as in complaint although it was actually 04.05.2004 - Held, opportunity should be given to..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt or liability - Accused had been able to prove that he had made payment of Rs.3,40,000/- to complainant, but not a single share was transferred in his favour as per agreement proved by complainant himself - Held, appellate Court below has rightly come to the conclusion..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - According to complainant, cheque issued by accused towards repayment of borrowed amount of Rs.4 lakhs was dishonoured - No document was obtained by complainant pertaining to said transaction - No other evidence was adduced by complainant to prove the said transaction - Held, acquittal proper - Appeal..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - No evidence what so ever adduced by complainant to prove the actual lending of money and due execution of cheque - Held, Court below is perfectly justified in finding that preponderance of probabilities lies in favour of the case advanced by defence - Case put forward by the..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Complainant was informed about dishonored cheque on 19.10.2006 - Demand notice was sent on 20.11.2006 i.e. on 31st day from the date of knowledge - Held, notice was not sent within stipulated period of 30 days - Acquittal of accused-respondent proper...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Despite several opportunities given to complainant to adduce evidence complainant failed to adduce any evidence - Trial court passed an order u/s 256(1) of Cr.P.C. - No decision taken by Magistrate on merit inspite of the fact that cognizance is taken - Held,..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant gave evidence regarding payment of amount to accused and issuance of cheque by accused - Defence of accused that he had no financial transactions with complainant and he never issued a cheque to accused - Held, it is for accused to establish said fact - Accused..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Acquittal of accused u/s 256(1) of CrPC - Validity - Dishonour of cheque covering an amount of Rs.66,200/- - Held, one more opportunity can be given to complainant/appellant to prosecute matter on merit and to have a decision on merit thereof - But because of laches on the part of appellant such..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused u/s 256(1) of CrPC - Validity - Cheque in question covers an amount of Rs.5,00,000/- - Court has taken cognizance of offence - There is no decision on merit - Accused has not so far entered appearance and plea of accused is not recorded - Impugned..........

Showing : 701-710 of 1561 Results