Showing : 1-10 of 54 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already adduced by..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74-- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of annual return is a public document - Held, in a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - No evidence on the side of appellant regarding absence of consideration - Expression of willingness to pay Rs.16,000/- and request for time to pay that amount in reply supports the case of appellant that cheque was issued towards discharge of an existing liability -..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued against loan - Date of loan on which it was advanced not stated - Loan advanced in January but cheque bears date of March - It is clear that no consideration has passed under the cheque in March as even according to complainant loan was advanced in..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Complaint filed against officers of company - Cheque of petty amount of Rs.1487/- could not be encashed due to mistake - Complainant concealed fact that he was requested to re-deposit cheque for collection - No intention on part of accused not to make payment - Only..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Payee' & `Holder in due course' - Meaning - Payee is the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid - Holder in due course means any person who for consideration became the possessor of a promissory note, bill..........

Showing : 1-10 of 54 Results