Showing : 191-200 of 261 Results

RAJASTHAN 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 against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint alleged to have lent Rs.10,00,000/- to accused - Accused stated that she had obtained loan from Bank and given cheque as security - Trial court found that cheque was not drawn and issued by accused in discharge of any liability of complainant - Trial court relied..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - Trial Court after appreciating the oral as well as documentary evidence, observed that appellant and respondent No.1-accused knew each other - It is also observed that complainant failed to produce on record cheque return memo or notice - Even..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Held, it is well established principle of law that in an appeal against acquittal, appellate Court will be slow in interfering with Judgment and order of acquittal - Even if a second view is possible, the one accepted by the trial Court cannot be..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed by person on behalf of complainant company - Complainant was payee and juristic person - No resolution had been passed in favour of said person either to file complaint or to depose in favour of complainant - Held, case being criminal in nature, it was for..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal - As per bank witnesses cheque was dishonoured on account of two grounds viz. insufficiency of funds and difference in signatures - Trial Court assumed that ground of insufficiency of funds was added later on in said bank memo - Held, since bank witness in..........
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;..........

Showing : 191-200 of 261 Results