Showing : 1-10 of 55 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Material alteration - Alteration of payee's name in a cheque is material which affects character of instrument and so also relationship of parties and their legal position as originally expressed...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and..........
TRIPURA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand notice, either by express or by reasonable intendment, must inform the party to whom it is given : (i) That the instrument has been dishonoured (the instrument should be identified in the notice, otherwise the notice will be invalid); (ii) In what way the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating position..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 94-- Dishonour of cheque - Demand notice - Non signing by complainant or Advocate - Not fatal - As per S.94 of the Act, as there is no requirement that notice should be signed by party or Advocate - What is required u/s 94 Cr.P.C. is to prove the mode in which notice may be given and notice may be oral..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Handwriting expert - Signatures admitted, while leaving the cheque blank, thereby giving prima facie authority to the holder thereof to make or complete it as a negotiable instrument, for any amount specified therein - Question as to whether any authority was given to the..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138 of Negotiable Instrument Act, and even if he is taken to have been..........

Showing : 1-10 of 55 Results