Showing : 41-50 of 255 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5)-- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible only after the..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, accused has rebutted presumption u/s 139 of the Act of existence of legally enforceable debt by establishing that there was no receipt of loan - Neither such advance was shown in..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Post-dated cheque - Complainant received in advance post-dated cheque from accused for payment of rent - Even, Courts below have found that premises were vacated by accused after some months only - Dishonour of cheque for period when tenant ceased..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269SS-- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced loan of Rs.7 lacs to accused and accused issued cheque for repayment of same - In terms of S.269-SS of 1961 Act, any advance by way of loan for more than Rs.20,000/- has to be made by account payee cheque only - Cash..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Hand loan of Rs.95,200/- - Loan amounts creates a doubt - No person would ask for loan of Rs.95,200/- unless there are special reasons for the same - Moreover issuance of two cheques to repay the loan amount also further creates doubt - No material to establish existence of..........

Showing : 41-50 of 255 Results