Showing : 1-10 of 264 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and..........
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...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that..........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted one chance to..........
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..........

Showing : 1-10 of 264 Results