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Results of 138 complainant

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GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - When an accused has to rebut the presumption u/s 139 of the Act, the standard of proof for doing so is that of "preponderance of probabilities" - Therefore, if accused is able to raise a probable defence which creates doubts about the existence of a legally recoverable debt..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit filed for realisation of cheque amount dismissed for non payment of Court fee - Does not lead to the conclusion that the amount due has been received by the complainant...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit filed for realisation of cheque amount dismissed for non payment of Court fee - Does not lead to the conclusion that the amount due has been received by the complainant...........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Acquittal - Validity - Complainant has failed to prove beyond all doubts that overwriting and change in the date of cheque was made by accused, cheque itself had become void in view of S.87 of the N.I. Act, as there was material alteration in the same - Accused has been able to rebut presumption..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138,143,145 -- Dishonour of cheque - Complainant gave part of his evidence by way of affidavit as per requirement of S.145 of the Act - Accused has limited right to cross-examine complainant as is done in a summary trial case - But at the same time accused is not precluded from putting certain questions which would otherwise be..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........

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.1,00,000/- - Court has taken cognizance of offence - There is no decision on merit - Held, one more opportunity should be granted to appellant to prosecute the matter on merit..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued drawn on a bank at Meerut - Complainant residing at Faridabad where he had his bank account - Cheque was deposited at Faridabad - Held, Court at Faridabad has jurisdiction...........

Showing : 711-720 of 1561 Results