Showing : 41-50 of 647 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Prayer to run concurrent sentence instead of consecutively with main complaint - Material supplied under various bills on more than 200 different occasions as per requirement of accused-petitioner - These are different transactions during the business dealings between parties..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating position..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Plea that cheque was issued as security - Onus is on accused to establish that cheque issued was as security but the same was not done - Presumption is in favour of complainant that it was on account of discharge of financial liability - Though such presumption..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legal debt or liability - Cheques issued as security for procuring job - Though an illegal act on behalf of accused but it has some bearing with regard to the fact that cheques were not issued in discharge of any legal debt or liability - Complainant could not rebut the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed - Advocate has to independently prove the contract...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257-- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant to withdraw his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Business transaction - Accused had no transaction with complainant firm - In fact, accused was having business dealing with proprietor concern of son of complainant - Neither complainant pleaded in his complaint that accused issued cheque in discharge of liability of third..........

Showing : 41-50 of 647 Results