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Showing : 721-730 of 1630 Results

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused alleged to have taken loan from complainant for business - Complainant himself admitted that cheque in question was issued by way of security - Held, cheque in question cannot be treated as issued for discharge of any legal liability - Petitioner failed to prove guilt of..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Conviction - Execution of cheque not in dispute - Plea taken by accused that no legal debt payable by him as cheque in question was issued as security - Plea falsified by DW1 who categorically stated that accused took loan from the complainant - Revision dismissed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Case of complainant/respondent that cheque issued by accused/petitioner towards price of cement and bricks etc. purchased from him got dishonoured - Except bald assertion made by complainant in complaint and reiterated on oath in his deposition that he is sole proprietor of M/s..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque drawn in favour of "self" - Complainant not payee of cheque - Accused acquitted as complainant is not payee of cheque - Acquittal upheld...........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - It is rebuttable presumption and standard of proof is that of preponderance of probabilities - Accused need not to enter the witness box to rebut the presumption - Accused can rely on the material submitted by complainant - If accused is able to raise..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Rebuttal - Lease transaction was between mother of accused and complainant - All the balance amount was paid by mother of accused to complainant - Held, question of accused being due of any sum towards repayment of lease amount, therefore, does not arise - Notwithstanding the..........

SIKKIM HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Except signature of respondent all other particulars in cheque were admittedly filled up by complainant - Complainant altered cheque by entering computerized account number which was later blurred/erased - Complainant failed to prove that respondent had voluntarily and willingly..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Respondent No.1/complainant has stated in his reply that he had filed a complaint u/s.138 N.I. Act against petitioner under a belief that he was one of partners of firm whereas he came to know later on that firm..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Procedure to be followed - Held, when a case is tried as summary case, Magistrate who succeeds Magistrate who had recorded part or whole of evidence cannot act on such evidence recorded by his predecessor - In present case, it is not in..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) Dishonour of cheque - Notice - Return of first notice with endorsement `Door locked and left' - Issued another notice after collecting correct address beyond prescribed period - Notice is invalid and cannot be treated as continuation of first notice - Proviso (b) to S.138 of the Act provides only issuance of one..........

Showing : 721-730 of 1630 Results