Showing : 11-20 of 20 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused u/s 256(1) of CrPC - Validity - Cheque in question covers an amount of Rs.5,00,000/- - Court has taken cognizance of offence - There is no decision on merit - Accused has not so far entered appearance and plea of accused is..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused u/s.256(1) of CrPC - Validity - Cheque in question covers an amount of Rs.1,00,000/- - Court has taken cognizance of offence - There is no decision on merit - Held, one more opportunity should be granted to appellant to..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compromise - Compounding of offence - Petitioner has already remained behind bar for more than four months - Matter has been compromised between parties - Accused-petitioner has paid due amount to complainant - Learned counsel for complainant-respondent has also admitted the..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant failed to discharge his burden to prove existence of liability - Accused duly discharge his burden that cheque was issued under different circumstances - It is for time barred debt and for more amount than actually due to complainant - Both..........
THE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g), 14(1)(d)-- Insurance policy - Consumer - Premium payment - Non issuance of receipt - Liability of principal for the acts of agent - Agent collected Cheque for premium and got it encashed but did not deposit the premium amount with the appellants and no receipt for deposit of premium issued - Plea of the..........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Intimation to drawee before presentation of cheque - Offence is committed without reference to balance in the account whether sufficient to honour the cheque or not - This is also irrespective of amount of cheque being less or more than the amount arranged to be paid from the..........
CALCUTTA HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Cost of notice also demanded - Notice is not valid - Complaint not maintainable - Drawee can make demand of cheque amount only and nothing more - If complaint is filed for any amount other than the cheque amount the case under section 138 of the Act does not lie...........
CALCUTTA HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of five cheque - One notice issued in respect of all the five cheques and one complaint filed - In terms of the provision under Section 219(1) of the Code of Criminal Procedure if a person is accused of more offences than one of the same kind committed within the space of 12 months from..........
KERALA HIGH COURT
Year of decision: 1994
Details
Negotiable Instruments Act, 1881, Section 138-- Complaint to be read alongwith the sworn statement - Should not be read disjunctively - `Refer to drawer' are susceptible to more explanations than one - If in the sworn statement the complainant states that cheque was dishonoured for want of sufficient amount, it is sufficient...........

Showing : 11-20 of 20 Results