Showing : 1-10 of 5175 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Defence evidence by accused by way of evidence - Not permissible...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420-- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused convicted - Cheque amount Rs.2.50 lakhs - Order to deposit Rs.5 lakhs is on the higher side and same reduced to Rs.2.80 lakhs with costs of Rs.20,000/-...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issuance of cheque to outgoing partner without dissolution of firm or rendition of accounts or settlement of his share/contribution - Till the share of complainant is determined in relation to profits and losses incurred by the Firm, there is no question of complainant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Cross examination of prosecution witnesses is not sufficient to rebut the presumption of consideration...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Mere discrepancies in the statement in respect of cartons, trays or the packing material or the rate charged will not rebut the statutory presumption...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is..........

Showing : 1-10 of 5175 Results