Showing : 1-10 of 35 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a)-- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence u/s 138 of the Act though technical, is punitive in nature - Once accused rebuts initial presumption it is imperative upon complainant to prove beyond reasonable doubt that cheques issued towards existing debt or liability - In the instant case, complainant failed to..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Existing debt - Blank cheque - Signed blank cheque misused by complainant after almost 17 years - Such misuse can be inferred from indirect threats given in statutory notice itself that if amount is not paid, then complainant will..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of no existing debt or liability, loss of cheque and stop payment - Accused not only signed the cheque but date thereon is also in his hand - Complaint to police about loss of cheque not proved - Stop payment prior to dishonour by itself is not sufficient to cause any..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney was only a private consultant - He had no personal knowledge of transaction between parties - Court below rightly observed that testimony of PW1 was based on information which must have given to him by supervisor..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards advance payment - If a cheque is issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion either because of its cancellation or otherwise, and material or goods for which purchase order..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque - In..........

Showing : 1-10 of 35 Results