Showing : 651-660 of 3791 Results

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...........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not applied his mind while..........
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,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment - Sufficient to make the accused liable for offence u/s 138 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Evidence closed by petitioner voluntarily after availing sufficient opportunities - Evidence sought to be adduced in additional evidence by petitioner is essential for just decision of case - Further, evidence is based on record of office of Excise and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and failed to point out..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Appeal against acquittal - - In the instant case, accused not only rebutted presumption but also proved discharge of loan payable to complainant - Once accused proved discharge by cogent evidence, accused cannot be convicted by relying upon presumption drawn in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay - Can be sought before taking of cognizance or at the time of taking cognizance and not after that - In the instant case Magistrate took cognizance and application for condonation of delay filed after 1 year and 8 months of taking cognizance - Application..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251-- Dishonour of cheque - Exemption from personal appearance - Till arguments on point of framing of notice u/s 251 CrPC are concluded, personal appearance of petitioner may be dispensed with on filing of appropriate application - Delaying proceedings before trial court will take away the benefit of..........

Showing : 651-660 of 3791 Results