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Results of appeal against acquittal in 138 of ni act

Showing : 1-10 of 29 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order reversing acquittal set aside -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint through attorney - Attorney himself admitted in his cross-examination that he has no knowledge about the case - Even, no date, month or year of transaction has been mentioned by complainant - Moreover, there is no document on record to show transaction between the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - In the instant case, complainant secured loan amount of Rs.2 lakhs from one person and handed over to accused - However, there is no evidence that said person had capacity to advance Rs.2 lakhs or that..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........

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 correction and signature on..........

DELHI HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque was issued for a legally enforceable liability after closure of account - Held, offence u/s 138 of NI Act is made out - Acquittal of accused liable to be set aside - Appeal allowed...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an amount of Rs.22,08,522/- which is..........

Showing : 1-10 of 29 Results