Showing : 211-220 of 256 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - No document to show loan - Persons in whose presence loan was given not examined - Evidence of PW2 inconsistent and contradictory - Cheques were given as part repayment of purchase money of the shop - Complainant had no financial capacity to advance loan - Defence probable -..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature -..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Continuous business dealings - Rs.3 lakhs as outstanding dues - Five cash credit memos produced in evidence - Cheques issued towards part payment - Existence of legally enforceable debt outstanding in the name of accused at the material time becomes..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards time barred debt - No acknowledgment within time - Not a legally enforceable debt - No offence u/s 138 of the Act - Acquittal of accused upheld...........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 38, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Absence of complainant - Complainant appearing on each and every date of hearing except on the date of order - Complaint dismissed and accused acquitted - Held, acquittal not proper - Trial Court should have resort to the provisions of the Code for summoning the witness or..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two cheques amounting to Rs.11.95 lacs - Cheques issued for repayment of advance as the accused did not wish to sell the shop earlier agreed to be sold - Money advanced without any receipt or agreement of sale - Huge money advanced without any receipt is not believable -..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Hand loan - Not proper to doubt the complainant when he advanced the hand-loan by cash instead of issuing a cheque to the accused - Trial Court unreasonably expected the complainant to examine eye witnesses to the hand-loan when it was not essential because there was..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Complaint filed on allegations that accused No.1 company owed amount to complainant - However, when tested on avail of cross-examination, complainant stated that legal liability towards cheque was that of accused No.2 and 3 Directors - Xerox copy of Bank Passbook adduced by..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Criminal complaint - Non-appearance of complaint - Acquittal of accused - Remedy thereagainst - Held, where complainant is absent and complaint is dismissed u/s 256 of Cr.P.C. it results in statutory acquittal of accused - If there is an acquittal of an accused only remedy..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - Complainant did not adhere to his case set out in complaint namely that loan was given at a stretch and on contrary admitted that it was given on two occasions - As per complainant, accused had agreed to pay same within one year, however, complainant..........

Showing : 211-220 of 256 Results