Showing : 1-10 of 40 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issuance of cheque to outgoing partner without dissolution of firm or rendition of accounts or settlement of his share/contribution - Till the share of complainant is determined in relation to profits and losses incurred by the Firm, there is no question of complainant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Existing liability - Provisions of the Act does not lay down that cheque is required to be of existing liability - Word `existing' is not used in the statute...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police authorities where compromise..........

Showing : 1-10 of 40 Results