Showing : 61-70 of 255 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such money,..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney was only a private consultant - He had no personal knowledge of transaction between parties - Court below rightly observed that testimony of PW1 was based on information which must have given to him by supervisor..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34-- Dishonour of cheque - Legally enforceable debt - Loan - Bahi entries - Loan for agricultural purposes was allegedly advanced by complainant to accused and it was stated to have been entered in Bahi - Bahi entries are not negotiable instruments of advancement of loan like pronote, bonds and Bill of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Notice - Once service of notice is duly established upon respondent/accused and respondent/accused admittedly not complied with notice, it will necessarily follow that complainant/appellant has fulfilled all requisite conditions for constituting..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, Section 4, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Economic offences - Appeal against acquittal - Respondent/accused is young person on whom his family is dependent for livelihood - There are no criminal antecedents - Hence, accused personal interest is to be balanced against objects of punishment - Accused convicted and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Security cheque - Blank cheque handed over to complainant as a security cheque and was not meant for enforcement of a debt - Complaint of this nature cannot be construed and brought within the gamut attracting provision of S.138 of the Act - Acquittal, upheld...........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - If mediation agreement reaches criminal court agreeing to settle issue on certain terms, criminal court cannot rely on that agreement and pass a civil decree - But can only on the basis of evidence either convict or acquit accused and if case is compoundable then..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372-- Dishonour of cheque - Appeal against acquittal - Acquittal can be challenged in High Court and not in Court of Sessions...........
DELHI HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS-- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position to save as..........

Showing : 61-70 of 255 Results