Showing : 11-20 of 54 Results

MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Holder in due course - Endorsement overleaf not made enabling complainant to possess same in his own name so as to receive contents thereof from accused - Complainant not a holder in due course - Moreover payee not examined to prove that consideration passed to him at the..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two cheques amounting to Rs.11.95 lacs - Cheques issued for repayment of advance as the accused did not wish to sell the shop earlier agreed to be sold - Money advanced without any receipt or agreement of sale - Huge money advanced without any receipt is not believable -..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque issued towards balance sale consideration amount - Agreement rescinded - Complainant is entitled to receive the balance consideration amount only on execution and registration of the sale deed - Payment of balance consideration amount is not legally..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21-- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto complainant and its employee or other representative, representing..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Dissolved during pendency of proceedings before trial Court and converted to a company - Person authorised to represent the erstwhile firm has to take permission from Court u/s 302 Cr.P.C. to continue the proceedings, in view of the dissolution of the firm..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Awarded and paid - A duty is cast upon civil courts to take into account the sum paid or recovered as compensation - Superior Courts can take into consideration such payments received even after passing of decree by trial Court...........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Company - Substitution of authorised representative of company - Earlier authorised representative of company examined in part - Expunging of Evidence - No provision either in Evidence Act or in Cr.P.C. under which direction to expunge evidence can at all be passed - Evidence..........

Showing : 11-20 of 54 Results