Showing : 231-240 of 264 Results

DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant - Dismissal in default - Complaint was dismissed in default on 25.05.2004 - Appellant had inspected record on 24.05.2004 and had come to know that case was listed on 25.05.2004 yet he did not care to appear on that day and accordingly complaint was dismissed -..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheques were not issued by accused either towards repayment or as security for repayment of any debt but were issued as security for performance of his part of contract entered into between himself and complainant under memorandum of understanding i.e.,..........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Conviction - Pending revision, parties have settled the matter - Petition has been filed u/s 147 of the Negotiable Instruments Act, 1881 seeking permission to record composition - Petition has been signed by both revision petitioner as well as..........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque returned with endorsement 'funds not arranged for' - Accused denied his liability to pay, as cheque was issued in pursuance of agreement to sell and when he came to know that complainant is not the owner of plot he did not arrange for the funds - Legal effect of..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability -..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Conviction by trial Court - Acquittal by appellate Court - Complainant failed to discharge the burden of proving that amount of cheque was legally recoverable and that he had given the loan to the accused - Several discrepancies in the testimony of..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Cheque amount Rs.7.2 lakhs - Accused taking plea that signed cheques were stolen by his employee who had close relationship with complainant - Accused had also lodged a report with police and instructed his Bank to stop payment - Plea of complainant..........
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..........

Showing : 231-240 of 264 Results