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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed based on second statutory notice is not barred...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - With endorsement `exceeds arrangements' and the cheque was not dishonoured on the ground that there was correction in the date of the cheque or that the signatures of the accused differs - Even, accused neither complied with the notice nor gave any reply to the said notice - Moreover, accused has not..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Plea of accused that sentence can be modified by enhancing compensation - Plea held, tenable therefore, sentence of accused modified by setting aside sentence of imprisonment and by enhancing the compensation...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revision against conviction - Imposition of condition of deposit 1/4th of cheque amount while admitting revision - Said condition was in addition to fine which accused had already remitted - Condition imposed by High Court at this stage not warranted - Interim direction issued by High Court for deposit..........

Showing : 71-80 of 630 Results