Showing : 1-10 of 160 Results

TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - When presumption is drawn then result of such presumption is to existence of legally enforceable debt and factors relating to want of documentary evidence in the form of receipts or accounts or want of evidence such as regards source of funds are not of relevant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan of 15 lakhs - Presumption - Rebuttal - Source of funds - Complainant in his cross examination deposed that earlier accused had furnished two cheques of Rs.5 lakhs and another for Rs.10 lakhs - Nothing mentioned in complaint regarding these two cheques - Nothing stated by..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Cheque in question was drawn and given by accused to complainant as a security - Vouches acknowledgment on record shows that principal and interest amount was repaid and received by brother of complainant - Trial Court rightly held that on the date of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - For every criminal liability u/s 138 of the Act, there should be a legally enforceable debt or other liability "subsisting on the date of drawal of cheque...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Issuance of undated cheque - No averment that any such amount was due and outstanding on or about the date on which the cheque was issued by petitioner - Cheque cannot be said to be issued for discharge of any legally enforceable debt or liability,..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Quashing of complaint - Complainant paid certain amount to accused for securing a job for his son - But accused failed to secure the same - Accused issued a cheque of Rs.10 lacs which was dishonoured - Held, contract between parties for securing job is void and against public..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Accused admitted business relations with complainant - Balance amount against accused was clearly reflected in ledger account of complainant - Accused too acknowledged his liability on account reconciliation written on letter pad of his firm -..........

Showing : 1-10 of 160 Results