Showing : 1-10 of 23 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Appellate Court is empowered to impose a minimum of 20% and maximum amount can go to any extent and it can go upto the fine/compensation amount, imposed by the judgment appealed against...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - To be only for the cheque amount and not for any other amount more than the cheque amount - In the instant case loan amount and cheque amount were the same as such mention of `Loan amount' in the notice is not fatal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order to deposit 20% of amount of fine or compensation as awarded by trial Court - If appellate Court passes order of deposit of 20% or more amount of fine or compensation that in fact is a..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or other liability - Words `for the discharge in whole or in part, of any debt or other liability u/s.138 of the Act, states that cheque must be drawn towards discharge of either whole or in part of any debt or other liability - If amount covered by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Reduction of sentence - Accused an old man aged 57 years and has already undergone more than 7 and half month out of awarded sentence - Accused is burdened with fine by way of compensation equal to cheque amount - Thus, matter calls for taking lenient view..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Accused was convicted and sentenced to undergo R.I. for one year and to pay fine by way of compensation equal to cheque amount - Accused is 57 years of age and out of awarded sentence has undergone more than 7 and 1/2 months..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused sentenced to pay fine of Rs.50,000/- only by trial Court, though amount of cheques is 2 lakhs - Keeping in view the fact that more than 20 years has elapsed from date of dishonour of cheques, accused is sentenced to pay fine of Rs.4 lakhs and in default to suffer S.I..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused a labourer took amount for personal necessity from complainant which he could not pay - From last more than 13 years accused facing agony of trial - Accused neither required nor involved in any other case - Moreover, accused remained on bail during pendency of trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand for more amount than the cheque amount - Notice is improper notice - Complaint not maintainable...........

Showing : 1-10 of 23 Results