Showing : 311-320 of 2656 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed in case of `Stop payment' irrespective of insufficiency of funds in the account...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - `Lost cheque' - While issuing instructions to bank to `stop payment' it was not mentioned that cheque was lost - Accused failed to reply to the statutory notice - Leads to inference that there was merit in the complainants version...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Standard of proof for rebuttal of presumption u/s 139 of the Act is that of preponderance of probabilities - If accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the presumption u/s 139 of the Act accused can rely on the materials submitted by the complainant in order to raise such a defence...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 147, 138-- Dishonour of cheque - Compounding of offence can be even at the appellate stage - Compounding of offence at a late stage is a strain on the judicial system - Free and easy compounding of offences at any stage gives an incentive to the drawer of the cheque to delay settling the cases for years -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - With respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Multiple complaints relatable to the same transaction - It is mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction - Such a disclosure should be made in a sworn affidavit which should accompany..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compounding of offence - Compounding of offence under Negotiable Instruments Act is controlled by S.147 of NI Act and scheme contemplated by S.320 Cr.P.C. is not applicable as it is meant for specified offence under the Indian Penal Code...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 147, 138-- Dishonour of cheque - Compounding of offence - Provision of S.147 of the Act does not bar the parties from compounding an offence u/s 138 of the Act even at the appellate stage of the proceedings...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Liability of Directors, officials or partners - Held, in respect of Director, partner or official who signed the cheque, it is not mandatory to aver that he was in charge and responsible to the company for conduct or business of the company - He becomes..........

Showing : 311-320 of 2656 Results