Showing : 251-260 of 624 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Held, parties, in reference to offence u/s 138 r/w S.147 of NI Act are at liberty to compound the matter at any stage even after dismissal of revision application - Even a convict undergoing imprisonment with the liability to pay the amount of fine..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Date on cheque with different ink - Merely for this reason it cannot be concluded that complainant might have obtained the cheque by using undue influence - As signatures on cheque were admitted as such it is for the accused to prove that cheque issued was not for discharge..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Strict liability - Held, ingredients of S.138 of N.I. Act creates a strict liability - Whether to take recourse to a proceedings u/s.138 of N.I. Act or to file a civil suit by means of a civil remedy is within the choice of affected person - S.138 of the Act has specified a..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,139, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Legally enforceable debt - Rebuttal - Answers given by accused in his statement u/s 313 Cr.P.C. does not amount to rebuttal - Unless accused denies consideration and denies existence of debt or liability by examining himself as a witness during trial, it cannot be said that..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139- - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,141-- Dishonour of cheque - Company/firm - Vicarious liability of Directors/Partners - Averments that all partners obtained loan by stating need of Firm and one of them has issued cheque, which was dishonoured - It is nowhere stated in complaint that partners other than one who is alleged to have..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,141-- Dishonour of cheque - Offence by company/firm - Mere fact that at some point of time, an officer of a company played some role in financial affairs of company, will not be sufficient to attract constructive liability u/s 141 of the Act...........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Standard of proof - Held, a case u/s 138 being a criminal case the quantum of proof which is required to be proved by a party in order to procure conviction should be beyond reasonable doubt - No doubt, by virtue of S.139 there is a presumption of cheque having been issued..........

Showing : 251-260 of 624 Results