Showing : 1-10 of 178 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 3-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Even though complainant adduced sufficient evidence on the point of formation of firm, running business and on the point of dissolution of firm but he falls short in proving the case of settlement of accounts and arrival..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - It is statement of complainant which has rebutted presumption regarding cheque that it was issued towards discharge of legal liability - Even, during cross-examination complainant admitted that he is not aware about business of accused for which..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Appeal against acquittal - Commercial transaction between parties - No credible evidence to show that there was transaction between parties and cheque was issued in discharge of legal debt or liability - A serious doubt created about transactions which took place between..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating position..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint against `A' & `B' - `A' acquitted but `B' convicted - Acquittal of `A' attained finality as no appeal was filed by complainant - In appeal filed by `B' judgment passed by trial Court set aside and direction issued that after `B' and complainant appear before trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legal debt or liability - Cheques issued as security for procuring job - Though an illegal act on behalf of accused but it has some bearing with regard to the fact that cheques were not issued in discharge of any legal debt or liability - Complainant could not rebut the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa)-- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........

Showing : 1-10 of 178 Results