Showing : 71-80 of 267 Results

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Instruments Act, 1881, Section 138-- Dishonour of cheque - Second complaint - Earlier complaint filed which was withdrawn after due cognizance - Second complaint on another created cause of action on the same cheque is barred - Complaint quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards repayment of personal loan - Prosecution of company - No material on record to show that company was liable to make any payment to complainant - Company cannot be prosecuted merely for the reason that cheque bears seal of company unless complainant..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compromise - Matter referred to mediation and parties entered into compromise - In view of compromise between parties conviction and sentence of accused set aside and quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Handwriting expert - Cheque dishonoured due to stop payment instructions and not on ground of dissimilarity in signatures - There is no point in sending the cheque for examination to handwriting expert - Application for handwriting expert rightly dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient funds..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Lawful consideration for issuance of cheque not stated in complaint and notice - Complaint and notice is not encyclopedia - Complainant in statement in Court, is always at liberty to clarify for what the cheque was issued...........

Showing : 71-80 of 267 Results