Showing : 421-430 of 724 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complainant remained absent on three consecutive occasions - No adjournment asked - Complaint dismissed on default - Held, dismissal of complaint u/s 256 of Code on ground of no, appearance of complainant is merely a technical dismissal and not on merits - Natural justice..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - Courts below have held that cheque has been issued for purpose of discharging the existing legal liability - Said cheque has bounced for insufficiency of funds - Held, presumption u/s 139 of the NI Act is a rebuttable presumption and accused is entitled to rebut the..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused borrowed Rs.44 lakhs - There is no evidence that they have repaid the amount and their evidence is that they have issued cheque and a civil case has been filed and decree would have been obtained - Furthermore, at the time of availing loan, petitioners have furnished..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Additional evidence at appellate stage - Trial Court dismissed complaint as it did not believe the story of complainant of giving loan to accused - Additional evidence sought to be led at appellate stage to summon witnesses from Bank to prove that in fact loan amount involved..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Authorisation signed by person claiming himself to be authorized signatory of appellant company - Not explained who the authorised signatory was and for what purpose authorisation was granted - No resolution of board nor any other document produced in evidence to show that..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114(g)-- Dishonour of cheque - Notice - Sent at wrong address - Postal acknowledgement not produced - Presumption arises that complainant failed to produce best evidence available i.e. original register maintained by postal authorities - Acquittal calls for no interference...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65, 66-- Dishonour of cheque - Notice - Proof of - Office copy of statutory notice - Original notice issued by complainant and received by accused in possession of accused persons - Notice to produce original is not required when the document is itself a notice - No objection can be taken to the admission..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an earlier occasion,..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused allegedly issued two cheques of Rs.9 lakhs each, which was presented for encashment, returned un-paid - Even evidence of accused does not indicate and suggestion that cheques were issued as security or guarantee - Documentary evidence showing that in case Rs.9 lakhs..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself..........

Showing : 421-430 of 724 Results