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Results of negotiable

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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Amended provision of S.148 of the Act is retrospective in nature - It applies even to a case where criminal complaints for the offence u/s 138 of the Act were filed prior to coming into force of the amended provision of S.148 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order as to payment of 25% of the amount of compensation - Use of word "may" in the provision - It is generally to be construed as a "rule" or "shall" - Not to direct to deposit by appellate Court is an exception for which special reasons are to be assigned...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order as to payment of 25% of the amount of compensation - Non compliance of the condition - Court imposing condition can very well hold that suspension of sentence stands vacated due to no, compliance of condition of deposit...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of rent - Cheque dishonored - Accused not even sent a reply to notice sent by complainant - Accused rightly convicted - However, since accused already vacated premises and cheque amount is of Rs.4,85,000, interest of justice would be met if quantum of fine amount of Rs.7..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused rightly convicted...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Cheque amount Rs.2.50 lakhs - Order to deposit Rs.5 lakhs is on the higher side and same reduced to Rs.2.80 lakhs with costs of Rs.20,000/-...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant - Dishonour of cheque gave raise to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Cross examination of prosecution witnesses is not sufficient to rebut the presumption of consideration...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere discrepancies in the statement in respect of cartons, trays or the packing material or the rate charged will not rebut the statutory presumption...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is statutory presumption of..........

Showing : 11-20 of 625 Results