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KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Validity - Cheque issued by accused to discharge liability of his father got dishonoured - Contention that complainant misused signed blank cheque given by accused to his father for giving it to some other person - Signature on cheque in question admitted - Held, story put forward by accused..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of no transaction by accused - Tenability - Statutory notice issued to accused did not invoke any response - Held, if accused had no transactions with complainant, or that blank cheque had been misused by complainant, he would have immediately responded - But he remained mum that shows his..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payment of compensation - Grant of time - Prayer for grant of time to pay compensation amount awarded by lower appellate court in order to avoid default sentence on the ground that in another case petitioner has to pay compensation amount - Held, since a sum of Rs.1,75,000/- is due from accused to..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Signature in the cheque is admitted and so also its issuance - There is no case that particulars were filled up by complainant - Complainant's evidence was acceptable by both courts below - Accused was unable to explain the circumstances under which complainant came into possession of the cheque..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Evidence shows that cheque was issued to discharge debt due to complainant and on presentation it bounced for want of funds - Accused had no acceptable explanation as to how the cheque happened to come into possession of complainant - Admittedly the cheque contains signature of accused - Nothing..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque issued by accused in course of business transaction got dishonoured - Defence plea that accused gave signed blank cheque in some other transaction and same was misused by complainant - Accused did not adduce any evidence before lower Court to substantiate said plea - Held,..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118 and 139 - Accused persons admitted issued cheques in question - Held, presumption u/s.118 and 139 of NI Act is available to complainant - No evidence was adduced by accused persons to rebut presumption or to show that they have repaid amount - Held, Magistrate justified in..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Reduction of sentence - Trial Court imposed sentence of imprisonment for five months and also directed to pay compensation of Rs.50,000/- to complainant - Transaction is of the year 1999 - Held, lenient view is required to be taken - Imprisonment till rising of Court and..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant was not alive to prove execution of cheque and passing of consideration - There was only evidence of father of complainant whose evidence cannot, according to accused, be accepted - Original cheque was not produced before Court - For proper appreciation of evidence at..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Validity - Both Courts below found evidence of complainant sufficient to show that cheque was infact executed by accused and that evidence adduced by accused was not convincing and acceptable - Reply notice is sent after a month of receipt of statutory notice which is result of..........

Showing : 761-770 of 1643 Results