Showing : 101-110 of 588 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Plea that cheque was given in 1999 as security to a loan and that loan was repaid but complainant did not return the security cheque and further that it is the same cheque which complainant had used to implicate the accused - However,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Where cheque as well as signature are accepted by accused, presumption u/s 139 of Act would operate - Burden is on accused to disprove the cheque or existence of any legally recoverable debt or liability...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of complaint - Disputed questions of facts involved in the case, neither admitted by complainant nor apparent on face of record - Such type of disputed factual defences can be appreciated only by trial Court after parties lead their evidence - High Court committed..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 406-- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment - Sufficient to make the accused liable for offence u/s 138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of pay order - Complaint against Bank and its Branch manager - Proceedings against Bank already dropped - In such a situation, complaint against Branch manager cannot be proceeded - Moreover, in the absence of necessary details as regards the property based on which the transaction was..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of pay order - Pay order issued by Bank to discharge its liability whether comes within the definition of `cheque' - Said question left open for consideration...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Complaint against Director of company only without arraigning company as an accused - Arraigning of company as an accused is imperative - Accused acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Managing Director - Cheque issued on behalf of company - Managing Director cannot be convicted without impleading company as an accused...........

Showing : 101-110 of 588 Results