Showing : 91-100 of 255 Results

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..........
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..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Notice was directed to business address of accused - According to complainant, accused received notice by putting his initial - Non-examination of any witness from concerned courier service - Held, it cannot be a ground to record an acquittal of accused..........
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 -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)- - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could not have been..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Defence of accused that cheque was not issued by him for any liability - Failure of accused to prove his defence - Held, order of acquittal liable to be set aside - Respondent/accused guilty u/s 138 of N.I. Act - Sentenced to imprisonment till..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay borrowed amount of Rs.65,000/- got dishonoured - Complainant failed to produce any document showing that any loan was advanced to accused - He failed to bring on record income-tax returns filed by him showing that..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73- - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial Court..........

Showing : 91-100 of 255 Results