Showing : 161-170 of 282 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Accused was a driver who used to drive lorry owned by complainant - Case of complainant that he had lent Rs.4,85,000/- to accused and cheque given by accused in discharge of debt got dishonoured - Complaint failed to produce any document to show that he..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - There were business transactions between complainant and accused and some amount was due from accused to complainant - There were so many transactions between parties - Complainant failed to produce relevant bill books and entries in account books -..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - Complainant was informed about dishonored cheque on 19.10.2006 - Demand notice was sent on 20.11.2006 i.e. on 31st day from the date of knowledge - Held, notice was not sent within stipulated period of 30 days - Acquittal of accused-respondent proper...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - According to complainant, cheque issued by accused towards repayment of borrowed amount of Rs.4 lakhs was dishonoured - No document was obtained by complainant pertaining to said transaction - No other evidence was adduced by complainant to prove the said transaction - Held,..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - No evidence what so ever adduced by complainant to prove the actual lending of money and due execution of cheque - Held, Court below is perfectly justified in finding that preponderance of probabilities lies in favour of the case advanced by defence -..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Part payment made - Claim for the entire amount - Complaint not sustainable - Acquittal, upheld...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Acquittal of accused u/s 256(1) of CrPC - Validity - Dishonour of cheque covering an amount of Rs.66,200/- - Held, one more opportunity can be given to complainant/appellant to prosecute matter on merit and to have a decision on merit thereof - But because of laches..........

Showing : 161-170 of 282 Results