Showing : 411-420 of 768 Results

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 stolen by complainant..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Case of complainant/respondent that cheque issued by accused/applicant towards security of payment for work to be carried out by complainant was dishonoured - Nature of transaction disputed by applicant on basis of her own communications - Held, case..........
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 -..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Exercise of revisional jurisdiction - Held, in exercising its revisional jurisdiction, High Court is not supposed to further re-appreciate the evidence already appreciated and re-appreciated by trial court and Appellate court - In exercising its such power when invoked by a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of handwriting - Power of Court - "K" is not an accused in the case and is also not a witness - Held, it is not within the powers of trial Court to compel him to give his handwriting for comparison with the alleged disputed writings - Prayer u/s 45 of the Evidence..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Presumption as to - Rebuttal of - Respondent accused has been able to make out a reasonable defence during trial in the Court below by bringing evidence on record to show that said blank cheque was given by him to Combat Drugs Limited and not to complainant - Held, once a..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73-- Dishonour of cheque - Petitioner has admitted signatures and amount on impugned cheques - Application filed by petitioner u/s 73 of Evidence Act for ascertaining life of cheque and revision has also been dismissed by competent Court - Petition filed u/s 482 of CrPC claiming same relief - Held,..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Determination of - Complainant has neither produced any cogent legal evidence nor produced accounts and any bills/receipts showing dealing between complainant and accused in respect of business transaction pertaining to disputed cheque in question -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Additional evidence - Flat was handed over by complainant to accused for selling it - Cheques for consideration sent to complainant were dishonoured - Court below was misled by accused due to fraudulent concealment of fact that flat in question was already sold to third party..........

Showing : 411-420 of 768 Results