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Results of execution of cheque

Showing : 1-10 of 104 Results

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........

DELHI HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 118A, 139 -- Dishonour of cheque - Presumption - Accused admitted cheque in question as well as signatures on the same - He also admitted execution of `loan receipt' as well as his signatures and handwriting on the same - In view of admitted facts, petitioner had admitted existence of debt - More so, he failed to rebut..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Refund of earnest money - Rs.26,000/- paid at the time of execution of agreement - Amount of 6,75,000/- paid subsequently - Order as to refund of Rs.7,01,000/- - No date mentioned of payment of Rs.6,75,000 either in the notice issued or in the plaint or in the affidavit of chief examination but was mentioned in the affidavit..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence reduced by High Court till rising of Court and accused was directed to pay compensation and in default thereof to undergo imprisonment for three months - Accused in execution of sentence awarded by Sessions Court underwent imprisonment for three months - Held, said period of..........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - Admission of signing a blank cheque leaf - Accused did not admit that he received any amount from the complainant or that he issued the cheque to the complainant - Held, complainant is bound to adduce evidence to prove execution of cheque...........

Showing : 1-10 of 104 Results