Showing : 181-190 of 535 Results

CALCUTTA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Plea that there was no legal liability on the part of accused to make payment towards goods delivered because of exaggerated bills - Plea not taken as a part of defence through cross examination - In reply to notice no such plea raised - Conviction not liable to..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Not possible to lend money without any document - Date of lending money not mentioned in complaint and notice - Ledger extract or any letter sanctioning loan amount or pronote to show sanction of loan not produced -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Endorsement on cheque `sans recourse' - Contention that cheque itself speaks that payee will not have recourse to file the complaint, taking cognizance is barred - Held, when once cheque is dishonoured, the endorsement on the cheque made by accused without knowledge of the..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back unserved with endorsement 'addressee long absent and return to sender' - Order taking cognizance not liable to be quashed - However, the allegation that accused refused to receive notice even after due information given by postal authorities are matters..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Ingredients of offence u/s 138 of the Act are : (i) a cheque was issued; (ii) the same was presented; (iii) but, it was dishonoured; (iv) a notice in terms of the said provision was served on the person sought to be made liable; and (v) despite service of notice, neither any..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque returned with bank endorsement 'present again' - Despite notice payment not made - Held, reasons for dishonour of cheque are wholly irrelevant - If despite notice amount remains unpaid then drawer of cheque is responsible u/s 138 of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Limitation - Drawer of cheque to make payment within 15 days of receipt of notice - Period is to be reckoned from date of first notice - It is a matter of evidence as to when first notice is deemed to have been given i.e. whether the one given by registered post or the one..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Has to be on the basis of allegations in complaint and preliminary evidence - Defence set up in reply to notice not to be looked into at that stage...........

Showing : 181-190 of 535 Results