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Showing : 751-760 of 1643 Results

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Issuance of process relying on statement of Attorney of complainant recorded without administering him oath - Validity - Held, process u/s.204 Cr.P.C. may be issued only when Magistrate is satisfied that evidence produced by complainant warranted issuance of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail - In order..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - In the notice dated 09.01.1996, complainant has not taken the stand that in fact he came to know about dishonour of cheque on 27.12.1995 - Moreover, even in his testimony before Court, complainant has not taken such stand - Magistrate held that complainant knew about dishonor of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing complainant, his counsel and by perusal..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque given to brother of complainant not to discharge debt or liability but by way of security - Presumption u/s 139 of the Act, held, rebutted - Acquittal - Leave to appeal refused...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147,..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded to statutory notice issued..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - There is sufficient material to come to the conclusion that cheque was infact issued by accused to discharge debt due to the Bank - Bank had produced statement of accounts to show that amounts were due from accused - Courts below have noticed that accused was not prompt in..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused remained silent - Held,..........

Showing : 751-760 of 1643 Results