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Results of 138 negotiable act

Showing : 2981-2990 of 5146 Results

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of burden of proof by accused - Standard of - Held, accused may discharge his burden on the basis of materials already brought on record - It is not necessary for accused to prove his defence beyond reasonable realm of doubt - Standard of proof required on part of an accused and that of..........

DELHI HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant - Dismissal in default - Complaint was dismissed in default on 25.05.2004 - Appellant had inspected record on 24.05.2004 and had come to know that case was listed on 25.05.2004 yet he did not care to appear on that day and accordingly complaint was dismissed - Held, once..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheques were not issued by accused either towards repayment or as security for repayment of any debt but were issued as security for performance of his part of contract entered into between himself and complainant under memorandum of understanding i.e., excavation of granite..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque bearing signatures of accused on its face and also on reverse of it - Goes to show that the said cheque was intended to be used as a `self cheque' and not issued by accused to any other person - Writing on cheque not in the hand of accused - Account in Bank in the name of complainant was..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused borrowed loan - Loan amount not established - Presumption u/s 139 of the Act is not available...........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption is as to issuance of cheque for discharge of any debt or other liability and not as to legally recoverable debt - Complainant has to be establish as to legally recoverable debt...........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan advanced by husband and cheque issued in favour of wife - Husband not examined - Failure to prove lending of money and that accused delivered the cheque to the complainant - Presumption u/s 139 of the Act is not available...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Accused convicted - Suspension of sentence during pendency of appeal - Rejected on ground that fine not paid - Held, accused entitled to bail till disposal of appeal subject to payment of fine...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Cognizance taken only on maturity of complaint - Case to be decided on merits...........

Showing : 2981-2990 of 5146 Results