Showing : 1-10 of 23 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant failed to discharge his burden to prove existence of liability - Accused duly discharge his burden that cheque was issued under different circumstances - It is for time barred debt and for more amount than actually due to complainant - Both..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Accused acquitted - Appeal against - During pendency of appeal parties compromised - Appellant allowed to withdraw appeal...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 61-- Dishonour of cheque - Process fee not paid - Accused not to be acquitted even if complainant is absent...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - There is nothing in the provision of S.256(1) Cr.P.C. to show that an accused can be acquitted on 'any day to which the case is posted for evidence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Bank memo received on 5.5.1997 - Notice issued on 21.5.1997 - Notice not sent within 15 days of receipt of information regarding dishonour of cheque - Accused acquitted - Order upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Conviction of accused - Accused in custody and serving sentence - However parties compromised and filed joint compound petition - Held, offence u/s 138 of Act is compoundable - Thus in face of compromise, accused acquitted of offence u/s 138 of the Act...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........
JHARKHAND HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compromise during pendency of revision against conviction - Parties compromised - Loan amount repaid - Complainant waived compensation amount imposed by trial Court - In view of compromise accused acquitted granting him exemption from surrendering...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cash loan of Rs.5 lakhs - Plea of never taking a loan - Held, once accused comes with a specific case that he never took loan from the complainant, it is for the complainant to lead cogent evidence o prove as to from where he advanced such a substantial sum to the accused by..........

Showing : 1-10 of 23 Results