Showing : 51-60 of 3920 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused - Complaint and summoning..........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper executed by accused - Signatures on said document admitted by accused - However, accused attempted to suggest that his signatures were available on blank stamp paper with PW2 - This suggestion is too remote and too..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Signature on cheque not denied by accused - It is to be presumed that cheque in question was drawn for consideration and the holder of cheque i.e. complainant received the same in discharge of an existing debt - Onus, shifts on accused to establish a probable..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be..........

Showing : 51-60 of 3920 Results