Showing : 61-70 of 195 Results

KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - Complaint u/s 138 of the Act - No evidence except self-serving evidence of accused/respondent - Even, if cheque leaves were misused, duty cast upon accused to inform banker to stop payment, against such cheques which were lost or..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque issued by respondent/accused for payment of interest on outstanding dues dishonoured - Cheques which have been produced by appellant, and contents of cheques dishonoured are in different hand writing, though signatures on those cheques are..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued to repay loan of Rs.9.30 lacs - Source from where such a huge amount generated not disclosed - Loan not reflected in income-tax return - This clearly creates a doubt regarding truthfulness of stand taken by complainant that he advanced loan of such a huge amount..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Complaint - Order remitting matter to trial Court to dispose of case after affording an opportunity to respondent has been challenged in appeal filed u/s.378(4) - Held, impugned order of remand is neither an order of conviction nor acquittal and it does not fall within..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - There is signature of respondent as proprietor and it reveals that cheque was dated 10.12.2005 and number `5' has been corrected by altering it as `6' - There is a signature below correction - There is material difference between signature below..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Appellant/complainant alleged that cheque issued by respondent/accused towards repayment of loan amount to appellant/complainant got dishonoured - Defence of respondent/accused that he had given blank cheque as security and said cheque has been misused..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused for re-payment of borrowed amount got dishonoured - Contention of accused that he had not borrowed any amount and that there were blank signed cheque leaves in dash board of his lorry which had been stolen from compound of his..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttable by preponderance of probabilities which can be drawn not only from the materials on record but also by reference to the circumstances relied upon - In the instant case preponderance of probabilities fully support the stand of accused as held by trial..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued as security towards loan advanced - Held, when cheque is issued as security then not only the aspect as to the cheque given as and by way of security is to be seen but what is also to be seen is whether it has been issued in discharge of debt or liability -..........

Showing : 61-70 of 195 Results