Showing : 121-130 of 256 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - It is neither stated in complaint nor in evidence of complainant/appellant that when accused/respondent received amount and whether it was paid by cash or by cheque or demand draft - Even though a large sum of Rs.4 lakhs is advanced, it is not..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque No.754336 mentioned in complaint and also in notice - Cheque No.654336 produced on record - Plea of typographical mistake - A typographical mistake can be made once, but it could not be repeated over and over again - Held, Magistrate was justified in concluding that..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Advancement of friendly loan of Rs. 2,00,000/- by petitioner/complainant to respondent/accused - Allegation that in order to discharge liability in relation to aforesaid transaction respondent issued cheque which got dishonoured - Admittedly, name in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - Neither petitioner/complainant had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to respondent/accused - Evidence against respondent/accused is contrary to his submission - At every stage..........
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..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100..........
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...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Leave to appeal - Cheque, on presentation by petitioner/complainant, was received back initially with word "stop payment" - Cheque itself has been exhibited and a physical and visual inspection of cheque would clearly show that petitioner either itself or through..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Proof - Complainant/appellant is a student studying C.A. and there is no record to show that she is earning member - Defence raised by accused/respondent that complainant/appellant did not have necessary means for advancing loan - Held, initial..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Accused alleged to have taken loan from complainant for business - Complainant himself admitted that cheque in question was issued by way of security - Held, cheque in question cannot be treated as issued for discharge of any legal liability -..........

Showing : 121-130 of 256 Results