Showing : 341-350 of 768 Results

CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f)-- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed to have been complied with - Presumption is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Cognizance of offence - Serious allegation made against complainant that he has made a statement on oath before Magistrate, Jaipur stating a different set of facts which, if considered ousts jurisdiction of Court at Hamirpur - Only a photocopy of statement has been..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Complainant alleged that accused gave cheque in question towards discharge of liability of price of grains purchased by him - There was no documentary evidence to show transaction - Complainant did not return cheques taken as security despite payment -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 138-- Cross examination - Not to be permitted beyond the scope of pleadings...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Application filed by accused for sending cheque in question for examination to Forensic Science Laboratory rejected - Validity - Held, accused deserves an opportunity to adduce evidence in defence or to rebut statutory presumptions available in favour of complainant..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued by issuer it was done..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Complaint and oral evidence of appellant/complainant are silent as to date of receipt of notice by accused - Reply notice sent by respondent/accused was not marked - It is not stated in reply notice that when accused received notice - Held, it cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - It is neither stated in complaint nor in evidence of complainant/appellant that when accused/respondent received amount and whether it was paid by cash or by cheque or demand draft - Even though a large sum of Rs.4 lakhs is advanced, it is not..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Petitioner/accused had borrowed sum of money form `M' and gave a cheque to discharge said loan amount - `M' made over cheque in question to respondent/complainant - Bank Rules duly permit for making over cheque in favour of third parties - All legal..........

Showing : 341-350 of 768 Results