Showing : 1-10 of 22 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Punishment for - Principal amount of Rs.1,40,00,000/- had been paid by accused but interest which he had promised to pay by way of cheque could not be realised as cheque had bounced - It is also clear that despite the fact that complaint had been filed in the year 1996 and..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Cheque issued towards interest of the amount in question - Present opponent No.2-accused proved his case - Prosecution has failed to prove beyond reasonable doubt the ingredient of S.138 of NI Act - There are serious lacuna in oral as well as documentary evidence of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque alleged to be issued towards interest against loan of Rs.40 lacs - MOU entered into between the parties that amount of Rs.40 lacs paid to complainant would be in full and final settlement and neither party would be left with any claim against the other - Proceedings..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of interest and expenses of notice besides cheque amount - All these items demanded separately - Held, notice is valid if it contains a break of claim i.e. cheque amount, interest, damages etc...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of Interest, compensation, incidental expenses etc. - Held, If the payee of the cheque makes some demands on account of interest, compensation, incidental expenses etc. that would not invalidate the notice so long as the principal amount demanded by the payee..........

Showing : 1-10 of 22 Results