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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Limitation -- Extension of limitation period due to COVID-19 pandemic - Limitation prescribed under S.138 Negotiable Instruments Act and under Arbitration and Conciliation Act, 1996 shall be extended with effect from 15.3.2020 till further orders to be passed by Supreme Court - However, in case limitation has expired after 15.3.2020 then period from 15.3.2020 till the..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption - Accused is required to..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Once issuance of cheque is admitted/established, presumption would arise u/s 139 of the Act in favour of holder of cheque...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Cheque amount of Rs.Seven lakhs - Conviction - Sentence of four months simple imprisonment - Accused, a woman already undergone more than one month of sentence - Cheque was issued way back in the year 2013 - Sentence of imprisonment thus, modified to refund of cheque amount of..........

Showing : 1-10 of 629 Results