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Results of 138 negotiable instrument act

Showing : 11-20 of 63 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 94 -- Dishonour of cheque - Demand notice - Non signing by complainant or Advocate - Not fatal - As per S.94 of the Act, as there is no requirement that notice should be signed by party or Advocate - What is required u/s 94 Cr.P.C. is to prove the mode in which notice may be given and notice may be oral or written and if..........

DELHI HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument was executed by..........

UTTARAKHAND HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Signatures admitted, while leaving the cheque blank, thereby giving prima facie authority to the holder thereof to make or complete it as a negotiable instrument, for any amount specified therein - Question as to whether any authority was given to the..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Object - To inculcate faith in efficacy of banking operations and creditability in transacting `Business on Negotiable Instruments' - Moreover, dishonour of cheque is regulatory offence/civil liability which is created to serve public in ensuring reliability of instrument...........

DELHI HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Sending cheque to FSL to ascertain writing on the cheque - Plea of signing blank cheque - Signatures not disputed - If signature on cheque not disputed then filling of instrument by other person is of no consequence - Cheque not required to be sent to FSL - Cheque can be filled by others and it..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - If blank cheque was issued by drawer and after signing, then S.20 of the Act will have no application - Even, blank cheque filled up by holder is a valid instrument in eyes of law - As old ink used by a person to fill up contents of cheque, no useful..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........

Showing : 11-20 of 63 Results