Showing : 1-10 of 16 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Hand loan of Rs.95,200/- - Loan amounts creates a doubt - No person would ask for loan of Rs.95,200/- unless there are special reasons for the same - Moreover issuance of two cheques to repay the loan amount also further creates doubt - No material to establish existence of..........
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, 142-- Dishonour of cheque - Friendly loan of Rs.2.50 lakhs - Failure to show source of income - Even no document reduced into writing for advancement of such a huge amount nor any interest was chargeable on said amount - Complainant failed to prove its case by leading cogent and sufficient evidence -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Hand loan - No evidence to support hand loan - In view of admission of complainant that his net savings in a year comes to about Rs.10,000/-, it is not trustworthy that complainant was in a position to extend hand loan of a big amount to accused - Order of trial Court..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused borrowed hand loan of Rs.1.25 lakhs from complainant - There is no proof regarding means of complainant, source of lending such huge amount available with him and nature of acquaintance to give hand loan of such huge amount without even taking any receipt or letter or..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Jurisdiction - Court has jurisdiction where payment of amount as hand loan, issuance of cheque in discharge of debt and legal notice calling upon accused to pay the amount - Plea rejected that complaint can only be filed at the place of drawee bank...........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged -..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards hand loan - Complainant did not produce cogent and convincing evidence with regard to existing debt - Respondent was able to rebut presumption u/s 139 of the Act - Respondent cannot be saddled with criminal liability, simply because reply to notice of..........

Showing : 1-10 of 16 Results