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DELHI HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Cheque issued in 2003 whereas petitioner ceased to be Director of Company in 1994 - Certified copy of Form-32 issued by Registrar of Companies is a conclusive proof that petitioner resigned in 1994 - Petitioner was not Director at the..........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issued as security - Even if cheque is issued as a security for payment, it is negotiable instrument and encashable security at the hands of payee - Not a ground to exonerate the penal liability u/s 138 of N.I. Act...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Notice issued but received back with endorsement `no such addressee' - Cheque presented against and dishonoured again - Notice issued again - Cause of action arises only on receipt of second notice - Limitation starts to run from receipt of second notice...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - Cheque signed by drawer - Cheque filled up by some other person putting the date and amount - Drawer cannot get absolved of the liability u/s 138 of the Act...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Cheque issued as security for transaction between the parties - When blank cheque is issued by one to another, it gives an authority to the person, to whom it is issued, to fill it up at the appropriate stage with the necessary entries regarding the liability and to present it to Bank -..........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque issued alongwith order for supply of goods - Goods not supplied - Cheque dishonoured - Held, no offence is committed u/s 138 of the Act...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back `unclaimed' - Due service of notice is available only when an intimation as to arrival of registered letter in post office is given to addressee and addressee fails to collect it from post office...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused left abroad - Fact within knowledge of complainant - When this fact is within knowledge of complainant then he must have issued the notice after verifying the whereabouts and address of accused - Notice sent at last known address of accused is no notice at all...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a complaint u/s 138 of the Act, Court has to presume that the cheque had been issued for a debt or liability - The presumption is rebuttable - The burden of proving that the cheque had not been issued in discharge of a debt or liability is on the accused...........

RAJASTHAN HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused cannot be considered at the stage of taking cognizance and the same can be considered appropriately at the stage of trial...........

Showing : 1641-1650 of 3130 Results