Showing : 251-260 of 411 Results

DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Ingredient of offence - Held, for whatever reason if a cheque is drawn on an account maintained by drawer with its bank, in favour of any person for discharge of "any debt or other liability, the ingredients of offence u/s 138 of the Act gets attracted in case cheque is..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held,..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - Courts below have held that cheque has been issued for purpose of discharging the existing legal liability - Said cheque has bounced for insufficiency of funds - Held, presumption u/s 139 of the NI Act is a rebuttable presumption and accused is entitled to rebut the..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once the issuance of cheque has not been disputed, the holder of cheque is entitled to invoke the presumption u/ss 118 and 139 of NI Act...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Discharge of liability - Presumption as to - Accused is a Chartered Accountant - Cheques in question bear signatures of accused - Defence that he was in the habit of keeping signed blank cheques in his table drawer in office - Even according to accused from 1995 to 2003..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141-- Dishonour of cheque - Summoning order challenged on the plea that it was not a speaking order - Plea held misconceived - Magistrate is not required to pass a detailed and speaking order while summoning as long as the substantive satisfaction is recorded that the prima facie case is made out...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141-- Dishonour of Cheque - Jurisdiction - Cheque issued in favour of company located at Faridabad - Company deposited cheque with bank at Faridabad for encashment - The drawer bank located in UP - Held, Faridabad Court has also jurisdiction to entertain complaint and take cognizance of offence...........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Accused alleged to have issued a cheque in favour of complainant company for discharging debt by way of payment towards chitty - PW1 stated that accused received the amount during 6th installment - Though he admitted that complainant company received payment..........

Showing : 251-260 of 411 Results