Showing : 101-110 of 261 Results

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..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable debt or liability..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appellant/complainant neither made a full disclosure of all the facts in its complaint nor he produced any document to show that payment of Rs.1,75,000/- by respondent/accused was against some other transaction - Appellant also failed to establish..........

Showing : 101-110 of 261 Results