Showing : 11-20 of 264 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating position..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention rejected...........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - Accused probabalised her defence - Acquittal calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint against `A' & `B' - `A' acquitted but `B' convicted - Acquittal of `A' attained finality as no appeal was filed by complainant - In appeal filed by `B' judgment passed by trial Court set aside and direction issued that after `B' and complainant appear before trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legal debt or liability - Cheques issued as security for procuring job - Though an illegal act on behalf of accused but it has some bearing with regard to the fact that cheques were not issued in discharge of any legal debt or liability - Complainant could not rebut the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa)-- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Failure to prove as diary wherein entries were made was lost - Trial Court committed no error while acquitting accused - Acquittal upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque procured almost by way of extortion and was not given towards any legally enforceable liability - Acquittal calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Plea that accused with her husband approached complainant for loan - Husband of accused missing from last so many years - Accused was in school at Gangrar from 10.30 am to 4.30 pm, on the date of advancing loan, therefore it is not believable that she approached..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant..........

Showing : 11-20 of 264 Results