Showing : 1-10 of 218 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day complainant moved..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190-- Dishonour of cheque - Cognizance of offence - Only for those offences, where allegations constitute offence the Magistrate is entitled to take cognizance and proceed with the matter - Otherwise, issuance of summons to accused virtually violates constitutional right of liberty guaranteed to..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Quashing of complaint - Complainant paid certain amount to accused for securing a job for his son - But accused failed to secure the same - Accused issued a cheque of Rs.10 lacs which was dishonoured - Held, contract between parties for securing job is void and against public..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be raised at..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407-- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to try case - Therefore,..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of loss of two cheques while travelling in a bus - No police complaint lodged - Conduct of accused is relevant while considering his defence - When accused admitted his signature on cheque and when it has been produced by complainant then burden is on accused to explain..........

Showing : 1-10 of 218 Results