Showing : 391-400 of 766 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - According to complainant, cheque issued by accused towards repayment of borrowed amount of Rs.4 lakhs was dishonoured - No document was obtained by complainant pertaining to said transaction - No other evidence was adduced by complainant to prove the said transaction - Held,..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Despite several opportunities given to complainant to adduce evidence complainant failed to adduce any evidence - Trial court passed an order u/s 256(1) of Cr.P.C. - No decision taken by Magistrate on merit inspite of the fact that..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant gave evidence regarding payment of amount to accused and issuance of cheque by accused - Defence of accused that he had no financial transactions with complainant and he never issued a cheque to accused - Held, it is for accused to..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea that entire cheque amount stands paid - No evidence to this effect - No justification for not taking back the cheque if amount was paid - Conviction calls for no interference...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea that entire cheque amount stands paid - No evidence to this effect - No justification for not taking back the cheque if amount was paid - Conviction calls for no interference...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction and sentence - Validity - Statutory notice was served on accused to which he remained passive - Both Courts below on appreciation of evidence have come to the conclusion that the offence has been made out - There is nothing to show that findings are either perverse..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,143,145-- Dishonour of cheque - Complainant gave part of his evidence by way of affidavit as per requirement of S.145 of the Act - Accused has limited right to cross-examine complainant as is done in a summary trial case - But at the same time accused is not precluded from putting certain questions which..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 137, 138-- Cross- examination - Object - (1) to destroy or weaken the evidentiary value of the witness of his adversary; (2) to elicit facts in favour of the cross-examining lawyer's client from the mouth of the witness of the adversary party; (3) to show that the witness is unworthy of belief by impeaching..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheque alleged to be towards security - The fact as to whether cheque is towards security or not, is a matter of evidence to be led at the trial - Plea cannot be gone into u/s 482 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction and sentence - Interference with - Courts below on appreciation of evidence have come to the conclusion that offence u/s 138 is a made out - Findings are essentially on facts - It is not shown that findings are based on misappreciation of evidence in the case nor..........

Showing : 391-400 of 766 Results