Showing : 161-170 of 257 Results

GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards hand loan - Complainant did not produce cogent and convincing evidence with regard to existing debt - Respondent was able to rebut presumption u/s 139 of the Act - Respondent cannot be saddled with criminal liability, simply because reply to notice of..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Complainant failed to prove that demand notice was ever sent to accused - Acquittal - Validity - Held, proviso appended to S.138 of the NI Act contains a no, obstante clause that nothing contained in the main penal provision shall apply unless the requirements,..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138- - Dishonour of cheque - Service of demand notice - From evidence of complainant himself, it appears that complainant has only proved legal notice - Complainant has not deposed anything in his deposition about the mode as to how legal notice was sent to accused or whether the said notice was..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or liability - Signatory is not the person, who has filled contents of the cheque as handwriting of contents is different from the one used for signature - Held, an inference could be drawn that a blank cheque was issued by respondent and same has..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of first complaint for default - Second complaint - Held, filing of second complaint is barred only when first one has resulted in conviction or acquittal or even discharge of accused on merits - Second complaint is not barred if dismissal of earlier one was not on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque for sum of Rs.1,00,000/- issued by accused in favour of complainant alleged to have been returned uncashed with remark `account closed' - Absence of examination of complainant u/s 254 CrPC - Held, it cannot be said that there is any evidence..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque Payment of advocate's fee - Cheque issued by respondent No.1 in favour of appellant on persuasion by appellant for services to be rendered in future by appellant - Held, there was not any existing legally enforceable debt or liability on the date of issuance of cheque by..........

Showing : 161-170 of 257 Results