Showing : 691-700 of 3882 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Defence of accused - Accused is obliged to set up a probable defence - Defence cannot be only a `possible' defence - It cannot be premised on mere ipse dixit of accused - There should be some credible material or circumstance available on record which should lead the Court to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Debt or other liability - Liability should be in existence at the time when cheque is returned unpaid and not when cheque was delivered or on the date that cheque bears...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Scope of S.138 of Act would cover cases where ascertained and crystallized debt or other liability exists on the date that cheque is presented, and not only to case where debt or other liability exists on the date on which it was delivered to seller as a post-dated cheque, or..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or liability - Cheque issued precisely to secure the debt/liability that may arise under contract on account of accused undertaking the share sale/purchase transactions on credit basis through complainant broker - Cheque in question when presented was..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Notice - Refusal - Cause of action to file complaint arises on the day on which payee gets back the returned notice - Payee is not liable to wait for expiry of 15 days from the date of refusal to get the cause of action accrued - However, in case notice is received by drawer,..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Cause of action - Date of accrual of cause of action varies in accordance with `receipt' or `refusal' of notice as the case may be...........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Hand loan of Rs.95,200/- - Loan amounts creates a doubt - No person would ask for loan of Rs.95,200/- unless there are special reasons for the same - Moreover issuance of two cheques to repay the loan amount also further creates doubt - No material to establish existence of..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Though a presumption u/s 139 is in favour of the complainant as to issuance of cheque towards legally recoverable debt, there is no presumption as to the existence of legal liability - It is for complainant to prove and establish that..........

Showing : 691-700 of 3882 Results