Showing : 451-460 of 766 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 67-- Dishonour of cheque - Drawn - Proof - It is primarily proved by examining the person who executed or created the document by writing and signing in the same - When such examination is not possible, execution can be proved by examining a person who saw the document being written and signed - In the..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque filled up by some other person - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance - When such evidence is not available prosecution can establish..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Electricity Act, 2003, Section 135, 138-- Theft of electricity - On inspection seals of meter found broken and meter found not running properly whereas accused were found using and carrying 4.73 KW load in excess - Conviction - Merely because no independent person was present at the time of inspection of the meter, it does not mean that..........
PATNA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complainant stated that whenever he gave clothes to respondent on credit, he used to obtain a cheque from him in lieu thereof and as soon as he used to get back price of clothes he used to return cheque to respondent - In same commercial..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the..........
CHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
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..........

Showing : 451-460 of 766 Results