Showing : 61-70 of 262 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 3, 12-- Dishonour of cheque - Compromise between parties - Accused is Government employee and has already paid cheque amount - Moreover, he is not a habitual offender - Thus, benefit of Ss.3, 12 of 1958 Act, can be extended to accused so that impugned judgment will not affect his future in any way -..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Notice - Demand notice is not required to be served upon each and every partner - It is sufficient if notice is served upon the firm...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73-- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - When cheque is not returned by bank for the reason of dissimilarity in the signature then it is not necessary to send the disputed cheque to the handwriting expert for his opinion...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73-- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - Signature on cheque not disputed - It is for the accused to prove that cheque in question was not issued to the complainant by him and was given to the complainant by his brother-i, law and for that purpose,..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issuance of cheque by guarantor - Cheque is not towards debt but towards other liabilities - Issuance of cheque as security stand on different pedestal than the cheque issued by guarantor - Cheque issued by guarantor is for discharge of liability towards payment - Held,..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 306, 34-- Abetment of suicide - Deceased took loan from accused persons and issued cheques to them - Cheques were dishonoured and proceedings u/s 138 of N.I. Act were imitated against deceased - Deceased became pressurized and under pressure he committed suicide - There is no evidence to show that accused..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay in filing complaint - Delay due to lapse of Postal Department in not furnishing information to complainant about receipt of notice - Delay bonafide and reasonable - Rightly excused by Court below...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - If a blank post dated cheque is provided to holder then he has right to fill in blanks and present the same to bank for encashment - The person, who hands over blank cheques acquiesces that holder would be at liberty to fill the same and present it to the bank for encashment...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Second complaint - Earlier complaint filed which was withdrawn after due cognizance - Second complaint on another created cause of action on the same cheque is barred - Complaint quashed...........

Showing : 61-70 of 262 Results