Showing : 51-60 of 256 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3)-- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding business of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and failed to point out..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Appeal against acquittal - - In the instant case, accused not only rebutted presumption but also proved discharge of loan payable to complainant - Once accused proved discharge by cogent evidence, accused cannot be convicted by relying upon presumption drawn in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Friendly loan of Rs.2.50 lakhs - Failure to show source of income - Even no document reduced into writing for advancement of such a huge amount nor any interest was chargeable on said amount - Complainant failed to prove its case by leading cogent and sufficient evidence -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards goods sold by complainant to accused - However, complainant failed to lead any evidence whatsoever to establish the supply of goods to accused of the amount in question - He did not file on record any bill, voucher or invoice to show that goods were sold..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5-- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of which interference can be made - Accused rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards discharge of loan - Source of funds to advance loan not explained - Relationship with accused also not disclosed so as to give accused unsecured loan of Rs.8 lacs which is a heavy amount - Bank record to show withdrawal not produced despite grant of time..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint - Acquittal of accused on the ground that complainant failed to take steps to secure presence of accused - Warrant of arrest issued - Warrants not executed by police - Complainant cannot be held responsible for failure of police to arrest accused -..........

Showing : 51-60 of 256 Results