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Results of dishonour of cheque on stolen

Showing : 1-10 of 22 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Statement of accused u/s 313 Cr.P.C. is only to the effect that cheque has been misused - There is no stand in the statement that cheque book was stolen - Presumption not rebutted...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his case - Rather, accused in..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or stolen by complainant -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In the instant case, accused already reported to bank and police that cheque was missing/stolen - Neither evidence adduced by complainant to prove loan transaction nor capacity to pay - Court below justified in holding that accused discharged burden of rebutting statutory presumption..........

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 to salvage his case when..........

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Legally enforceable debt - As per evidence on record, it appears that defence of accused is that cheque in question was stolen, which is palpably false - Even, DW-1 stated that cheque found missing and it is discerned only after a day - Story of accused, that he wrote to SHO of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sale of goods - `C' form issued against sale of goods - Plea of stolen cheque and blank `C' form - No explanation as to how the alleged stolen cheque and blank `C' form reached the hands of complainant - Accused did not examine any witness from Delhi concern to whom the blank form `C' with signatures of..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused for re-payment of borrowed amount got dishonoured - Contention of accused that he had not borrowed any amount and that there were blank signed cheque leaves in dash board of his lorry which had been stolen from compound of his house and complaint was filed..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........

Showing : 1-10 of 22 Results