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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..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of two cheques - Modification of sentence - Concurrent findings of three Courts below that cheques were issued by accused for amount due and payable to complainant - No interference warranted in conviction of accused - However, considering facts and circumstances of case and having regard to fact that said two..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of debt, way back in the year 1999 - Considering fact that cheque was issued in the year 1999 and having regard to other facts and circumstances of case and in the interest of justice, it is appropriate to set aside sentence of imprisonment imposed upon accused while..........

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/-...........

Showing : 11-20 of 630 Results