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Showing : 731-740 of 1637 Results

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..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326 -- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Complaint - Dismissal for default - Complainant not decided on merit due to absence of complainant and his advocate - Held, opportunity of hearing is required to be given to complainant to contest complainant on merits - Impugned order of dismissal of complaint liable to be set aside subject to payment..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........

Showing : 731-740 of 1637 Results