Showing : 191-200 of 255 Results

KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Amount due for four cheques in question had been paid by way of five other cheques - Thereafter, said five cheques were presented just prior to their expiry date with intention to receive double payment - Evidence let in by accused in support of the said defence..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313, 386(b)(i)-- Dishonour of cheque - Accused convicted - Appeal against - Statement of accused not recorded u/s 313 Cr.P.C. - Conviction set aside - Case remanded to proceed after recording statement of accused - Plea of acquittal for non compliance of mandatory provision - Held, appellate Court by virtue of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - Accused failed to rebut the presumption available/s 118 of the Act - Magistrate did not frame the points and deal with the matter properly - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite repeated directions;..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non appearance of complainant - Magistrate may close the complaint which does not amount to acquittal of the accused - In the instant case representative of the complainant could not appear due to illness - Order dismissing the complaint set aside - Complainant given a chance..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan against hire purchase agreement - Hire purchase agreement and statement of account relating to hire purchase transaction not produced on record - In absence of documentary proof it cannot be said that accused ever entered into hire purchase agreement with the complainant..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - No evidence on the side of appellant regarding absence of consideration - Expression of willingness to pay Rs.16,000/- and request for time to pay that amount in reply supports the case of appellant that cheque was issued towards discharge of an existing liability -..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - No material on record to show that cheque in question was one of the four cheques given at the time of disbursement of the loan - Accused did not lead any evidence to rebut the presumption available to complainant u/s 118 of the Act - acquittal..........
GUJARAT HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of..........

Showing : 191-200 of 255 Results