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Results of negotiable instruments act s 138

Showing : 1871-1880 of 5145 Results

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Despite several opportunities given to complainant to adduce evidence complainant failed to adduce any evidence - Trial court passed an order u/s 256(1) of Cr.P.C. - No decision taken by Magistrate on merit inspite of the fact that cognizance is taken - Held,..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant gave evidence regarding payment of amount to accused and issuance of cheque by accused - Defence of accused that he had no financial transactions with complainant and he never issued a cheque to accused - Held, it is for accused to establish said fact - Accused..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Acquittal of accused u/s 256(1) of CrPC - Validity - Dishonour of cheque covering an amount of Rs.66,200/- - Held, one more opportunity can be given to complainant/appellant to prosecute matter on merit and to have a decision on merit thereof - But because of laches on the part of appellant such..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused u/s 256(1) of CrPC - Validity - Cheque in question covers an amount of Rs.5,00,000/- - Court has taken cognizance of offence - There is no decision on merit - Accused has not so far entered appearance and plea of accused is not recorded - Impugned..........

PATNA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Cheating & criminal breach of trust - Case of opposite party No.2 that he had given cash to petitioner in loan as petitioner was in need of money in connection with his business and furthermore, opposite party No.2 gave Rs.25,000/- as security money to..........

PATNA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Specific stand of petitioner that he has already returned amount in question to opposite party No.2 and to prove his contention he filed some documents before this Court - Held, genuineness of aforesaid documents would be considered in..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - When an accused has to rebut the presumption u/s 139 of the Act, the standard of proof for doing so is that of "preponderance of probabilities" - Therefore, if accused is able to raise a probable defence which creates doubts about the existence of a legally recoverable debt..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit filed for realisation of cheque amount dismissed for non payment of Court fee - Does not lead to the conclusion that the amount due has been received by the complainant...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that entire cheque amount stands paid - No evidence to this effect - No justification for not taking back the cheque if amount was paid - Conviction calls for no interference...........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Such an endorsement is sufficient to attract S.138 of the Act...........

Showing : 1871-1880 of 5145 Results