Showing : 241-250 of 477 Results

KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Discharge of liability - Presumption as to - Accused is a Chartered Accountant - Cheques in question bear signatures of accused - Defence that he was in the habit of keeping signed blank cheques in his table drawer in office - Even according to accused from 1995 to 2003..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Admission by accused regarding issuance of cheque and liability so far as 4 transactions between complainant and accused are concerned - Documents produced by defence have not been able to rebut presumption available to complainant who is, holder..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Accused alleged to have issued a cheque in favour of complainant company for discharging debt by way of payment towards chitty - PW1 stated that accused received the amount during 6th installment - Though he admitted that complainant company received payment..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Complainant has adduced oral evidence and he has also produced cheque in question from his possession - No convincing explanation from the side of defence as to how cheque in question reached in the hands of complainant - Held, a vague explanation is not..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Complainant a chitty company - Accused subscriber of complainant - Chitty prized in favour of accused - Chitty amount availed by accused - Both courts below have concurrently found that dishonoured cheque in question was issued by accused towards discharge of liability due to..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Initial burden to establish liability was not discharged - Held, presumption u/s 139 cannot be raised...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Presumption - Rebuttal - Version of accused that complainant had stolen a cheque from house of accused - Accused has not made it clear as to why he had left signed blank cheque in his house - Accused does not give date on which he noticed theft of his signed blank cheque -..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Amount due for four cheques in question had been paid by way of five other cheques - Thereafter, said five cheques were presented just prior to their expiry date with intention to receive double payment - Evidence let in by accused in support of the said defence..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal against - Accused failed to rebut the presumption available/s 118 of the Act - Magistrate did not frame the points and deal with the matter properly - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - No dispute regarding signatures of accused on the cheque - It is for the accused to prove that the cheque was not issued for the discharge of any legally enforceable debt - Accused has to prove either by leading evidence or from the evidence of the holder of the..........

Showing : 241-250 of 477 Results