Showing : 21-30 of 38 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - No instrument executed though a huge loan was advanced - Even no interest thereon charged - Earlier accused did not pay instalments in respect of the prized amount of chitties - Loan advanced inspite of the fact that three civil suits for recovery of money against..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101-- Dishonour of cheque - Defence - Failure on the part of the accused to establish his case does not automatically be a ground to hold that the prosecution has proved its case - U/s 101 Evidence Act the burden is on the prosecution to prove its case and such burden is not discharged by showing that..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Standard of proof in discharge of the burden is preponderance of a probability - Inference can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon - Burden of proof..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque not issued for a debt or liability - Burden of proof is on the accused...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signed blank cheque - Defence that a signed blank cheque was handed over by an account holder is inherently suspicious - Burden rests heavily on shoulders of account holder to claim absolution from culpable liability...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - In a complaint u/s 138 of the Act, Court has to presume that the cheque had been issued for a debt or liability - The presumption is rebuttable - The burden of proving that the cheque had not been issued in discharge of a debt or liability is on the accused...........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to impose a..........
PATNA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - For valid reasons - Burden of proving that cheque was not dishonoured for sufficient funds and was dishonoured for valid reasons is on the accused - Complaint cannot be quashed on this ground...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent by Registered post at correct address - Notice received back with postal endorsement 'house locked' - Complaint cannot be dismissed at the threshold on the ground that there is no proper service of notice - Notice whether has been served has to be decided during trial - Burden is on..........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138(b)-- Notice - Amount not paid and second notice sent - Complaint filed thereafter beyond 30 days of issuance of the first notice - Burden is on the complainant to prove that there was no demand in the first notice and that it was only an intimation...........

Showing : 21-30 of 38 Results