Showing : 371-380 of 766 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Issuance of process relying on statement of Attorney of complainant recorded without administering him oath - Validity - Held, process u/s.204 Cr.P.C. may be issued only when Magistrate is satisfied that evidence produced by complainant warranted issuance of such process -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other cheques and..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability,..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Appellant/complaint failed to tell Court the date on which loan was given to accused/respondent - He has merely made a vague allegation - Held, he has not been able to establish that cheque in dispute was given to him in order to discharge a debt or a..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Accused admitted borrowing of money from complainant - She stated that debt was discharged but complainant had retained cheques demanding more amount - She never took some precautionary measures like issuing stop memo to bank etc. - Further, accused did not responded..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - There is sufficient material to come to the conclusion that cheque was infact issued by accused to discharge debt due to the Bank - Bank had produced statement of accounts to show that amounts were due from accused - Courts below have noticed that..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant was not alive to prove execution of cheque and passing of consideration - There was only evidence of father of complainant whose evidence cannot, according to accused, be accepted - Original cheque was not produced before Court - For proper..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Signature in the cheque is admitted and so also its issuance - There is no case that particulars were filled up by complainant - Complainant's evidence was acceptable by both courts below - Accused was unable to explain the circumstances under which complainant came..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof - Evidence shows that cheque was issued to discharge debt due to complainant and on presentation it bounced for want of funds - Accused had no acceptable explanation as to how the cheque happened to come into possession of complainant - Admittedly the cheque contains..........

Showing : 371-380 of 766 Results