Showing : 1-10 of 28 Results

MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - As per evidence on record, cheque in question has been issued in respect of time barred debt and therefore accused cannot be fastened with liability u/s 138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Contract Act, 1872, Section 25(3)-- Dishonour of cheque - Cheque issued towards time barred debt - Held, promise to pay time barred debt becomes a valid contract - Such cheque becomes a cheque drawn in discharge of a legally enforceable debt as contemplated by explanation to S.138 of NI Act...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant failed to discharge his burden to prove existence of liability - Accused duly discharge his burden that cheque was issued under different circumstances - It is for time barred debt and for more amount than actually due to complainant - Both..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Cheque issued to pay time barred debt - Time barred debt is not a legally enforceable debt - Proceedings quashed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards time barred debt - No acknowledgment within time - Not a legally enforceable debt - No offence u/s 138 of the Act - Acquittal of accused upheld...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred debt - Issuance of cheque towards time barred debt is not a legally enforceable debt within the meaning of S.138 of the Act - Complaint and all proceedings emanating therefrom quashed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Complaint filed on allegations that accused No.1 company owed amount to complainant - However, when tested on avail of cross-examination, complainant stated that legal liability towards cheque was that of accused No.2 and 3 Directors - Xerox copy of Bank Passbook adduced by..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138- - Dishonour of cheque - Complaint - Time barred debt - Debt mentioned in every complaint has become time barred on the date of issuance of cheque in question - Further no valid acknowledgment of debt has been established on side of complainants - Held, a time barred debt cannot be construed as a..........

Showing : 1-10 of 28 Results