Showing : 401-410 of 1151 Results

GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141-- Dishonour of cheque - Offence by company - Discharge of debt or liability - Presumption as to - Held, when accused No.1 company has issued the cheque which was signed by accused No.2 and was given to the complainant there is always presumption u/s 139 of NI Act that said cheque was issued by him..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Complainant issued demand notice for loan amount instead of cheque amount - Held, such notice is invalid - Valid notice of demand in writing for cheque amount is to be issued - Necessary requirements for constituting offence u/s 138 of the NI Act cannot be..........
KERALA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Offence u/s 420 - Cheque issued in discharge of an existing liability - There may be an offence u/s 138 of Negotiable Instruments Act for which a complaint should have been filed - Dispute is of civil nature - Dishonour of cheque does not amount to an offence u/s 420 IPC - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74-- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of annual return is a public document - Held, in a..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Legally enforceable debt - Complainant established his case that he lent Rs.1,10,000/- to petitioner on his request who agreed to repay - Plea of accused that he issued blank signed cheques to another person but complainant somehow managed to collect one of such cheques and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan transaction - Borrowal was more than a year prior to the issuance of cheque which cannot be in discharge of the borrowal made by accused as nexus between the borrowal and issued cheques has not been established - Issuance of cheque in connection with subsisting debt has..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compliant on the basis of second notice - Barred by limitation - Complainant initially issued a legal notice to petitioner in the month of June 2004 and petitioner gave reply thereto - Thereafter complainant waited for four months and submitted cheque again to his bank - On..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or liability - Signatory is not the person, who has filled contents of the cheque as handwriting of contents is different from the one used for signature - Held, an inference could be drawn that a blank cheque was issued by respondent and same has..........

Showing : 401-410 of 1151 Results