Showing : 231-240 of 256 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Plea of returning amount in presence of two witnesses - These two witnesses not examined - Complainant not cross examined regarding repayments - Story of repayment came for first time in statement of accused u/s 313 Cr.P.C. - Case of accused..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Argument made on behalf of complainant, to the effect that cheque of Rs.8 lakhs was given as a one time settlement and that it was a settlement for amount of principal due along with interest - There would be no acknowledgment in so far as interest..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed -..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred loan - Loan was given on two dates and the last instalment was given on 05.02.1997 - Cheque was issued on 22.09.2000, which is beyond the period of three years - Trial Court held that debt is not legally enforceable debt as recovery of debt was time barred and,..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Defence of accused is that an agreement has been entered into between himself and complainant for supply of milk and by way of security accused had handed over two blank signed cheques and complainant has misused said..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Repayment of loan - Date or month on which loan advanced not known - Receipt not obtained at the time of advancing loan - Complainant income-tax assessee but loan amount not reflected in income tax returns - Cheque was delivered to complainant through someone and had been..........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - As per agreement of parties one month's notice was required to be given prior to presenting the cheque in bank - Notice not given - Enforceability of the debt is not to be tested on touchstone of the procedure provided by the parties in an agreement - Defence of not..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - No instrument executed though a huge loan was advanced - Even no interest thereon charged - Earlier accused did not pay instalments in respect of the prized amount of chitties - Loan advanced inspite of the fact that three civil suits for recovery of money against..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Cheque return memo is conclusive proof to show that cheques were presented for payment - Acquittal could not be..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Acquittal - Appeal against - It is necessary for Appellate Court to find out as to what facts are established and whether on the basis of such facts, any presumption get attracted or rebutted in order to draw appropriate inferences...........

Showing : 231-240 of 256 Results