Showing : 161-170 of 255 Results

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,..........
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..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Acquittal - Non appearance of appellant/complainant - Dismissal of complaint resulting in acquittal of respondent/accused - Order of dismissal of complaint is not a speaking order - Nothing is discernible from order, i.e., whether case was posted for evidence or not or..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal filed without obtaining special leave u/s.378(4) of Cr.P.C., though challenge is against acquittal recorded by trial Court u/s.256(1) of Cr.P.C - Held, appeal is not maintainable - Appeal dismissed...........

Showing : 161-170 of 255 Results