Showing : 671-680 of 3791 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Amount paid on promise of procuring a job - Promise could not be fulfilled - On demand cheque issued - Not an unenforceable debt - Once cheque is issued, in discharge of amount obtained illegally, law does not prohibit prosecution for an offence u/s 138 of the Act, if other..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Defective notice - Name of Bank mentioned wrong - Not fatal unless it is proved by accused that there was some other transaction between accused and complainant and there were other cheques also given and defect in the name of bank or number of cheque shown has..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea that cheque was given to one `N' and it was obtained from him by force and present complaint was filed - `N' not examined - Held, Courts below were justified in coming to the conclusion that accused had issued cheque in discharge of an amount legally due from the accused..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quantum of sentence - Petitioner sentenced to undergo imprisonment till rising of Court and also to pay cheque amount of Rs.2,30,000 to complainant as compensation, in default to undergo S.I for six months u/s 357(3) Cr.P.C...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35-- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Admittedly, cheque not issued on date of execution of power of attorney - Rather, power to institute complaint u/s 138 of the Act mentioned in power of attorney which was given earlier, will not lead to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Complaint against Director of company only without arraigning company as an accused - Arraigning of company as an accused is imperative - Accused acquitted...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35-- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Power of attorney admitted by principal - Signing by power agent in place earmarked for principal and principal signing in place earmarked for agent will not invalidate power of attorney - Moreover, by putting..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - When in cheque, payee's name is written in one ink and remaining body of cheque is written in another ink, it cannot be presumed that cheque is not a valid document...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - When payment to accused is proved through statement produced by accused and issuance of cheque by accused is not denied then mere non production of pronote and day Book Ledger, though summoned is not fatal - Accused rightly..........

Showing : 671-680 of 3791 Results