Showing : 1-10 of 31 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Failure to prove as diary wherein entries were made was lost - Trial Court committed no error while acquitting accused - Acquittal upheld...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - Complaint u/s 138 of the Act - No evidence except self-serving evidence of accused/respondent - Even, if cheque leaves were misused, duty cast upon accused to inform banker to stop payment, against such cheques which were lost or..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65-- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of complainant..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque- Conviction - Validity - Case of respondent/complainant that cheques issued by petitioner/accused to re-pay loan amount got dishonoured - Defence plea of petitioner that she had lost two cheque books, all cheque leaves of which were duly signed by her - It was a false and..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint sought on the ground that cheque book and passbook got lost, after death of petitioner's husband and respondent misused the same - Held, plea is factual in nature and cannot be examined by High Court in its jurisdiction u/s 482 of CrPC - Petition liable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Counter FIR alleging theft, cheating and forgery of the cheque in question - Quashing of - Cheque issued by respondent No.2/accused in discharge of outstanding dues dishonoured - FIR lodged by respondent alleging that he had lost blank signed cheque in question..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45-- Dishonour of cheque - Account closed - Theory of blank cheque - No reasonable prudent man would normally keep blank signed cheque - Plea of accused that he had handed over one blank cheque to `S' at time of his retirement who subsequently returned it but he lost cheque while travelling - Held, if..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Lost cheque - Plea that cheque was lost and bank was also informed about `stop payment' - Such pleas to be decided by trial Court after recording evidence...........

Showing : 1-10 of 31 Results