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Showing : 711-720 of 1637 Results

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint on behalf of firm - Manager signed complaint on 20.09.1999 - In list of documents, first document is mentioned as "Power of Attorney in favour of complainant dated 21.09.1999" - Before he was appointed as power of attorney he signed complaint - Held, on date of signing, he had no..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption in favour of complainant - Inference - Cheque admitted by petitioner/accused - Held, presumption therefore has to be drawn in favour of complainant not only to the effect that cheque was issued towards discharge of liability but at the same time presumption also extends to the inference..........

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - It is neither stated in complaint nor in evidence of complainant/appellant that when accused/respondent received amount and whether it was paid by cash or by cheque or demand draft - Even though a large sum of Rs.4 lakhs is advanced, it is not accounted in income tax returns..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused had borrowed sum of money form `M' and gave a cheque to discharge said loan amount - `M' made over cheque in question to respondent/complainant - Bank Rules duly permit for making over cheque in favour of third parties - All legal formalities have been observed..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Advancement of friendly loan of Rs. 2,00,000/- by petitioner/complainant to respondent/accused - Allegation that in order to discharge liability in relation to aforesaid transaction respondent issued cheque which got dishonoured - Admittedly, name in cheque was filled in..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant - In present case, object..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Neither petitioner/complainant had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to respondent/accused - Evidence against respondent/accused is contrary to his submission - At every stage he continued to change his..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque for Rs.one lac - Conviction - Revision - Defence plea that cheque was issued for investment purpose - Petitioner/accused failed to substantiate defence by leading any material evidence - Trial Court convicted petitioner/accused and awarded sentence of detention till rising of Court and further directed to..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100 lakhs, ingredients u/s. 138..........

Showing : 711-720 of 1637 Results