Showing : 41-50 of 670 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Appeal against acquittal - Commercial transaction between parties - No credible evidence to show that there was transaction between parties and cheque was issued in discharge of legal debt or liability - A serious doubt created about transactions which took place between..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for offence u/ss 420,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - For every criminal liability u/s 138 of the Act, there should be a legally enforceable debt or other liability "subsisting on the date of drawal of cheque...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Issuance of undated cheque - No averment that any such amount was due and outstanding on or about the date on which the cheque was issued by petitioner - Cheque cannot be said to be issued for discharge of any legally enforceable debt or liability,..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be raised at..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........

Showing : 41-50 of 670 Results