Showing : 461-470 of 2739 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Accused in his statement u/s 313 Cr.P.C. admitted that he had dealing with the complainant and issued cheque which could be encashed by the accused - Held, there is presumption with regard to the act that it was against legally enforceable..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Mechanical repetition of the requirements u/s 141(1) of the Act is not sufficient - There should be necessary averments in the complaint as to how and in what manner the accused was guilty of consent and connivance or negligence and therefore, responsible..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 138-- Dishonour of cheque - Legally enforceable debt - Presumption - Signatures and execution of cheque admitted - Presumption available does not stand rebutted by merely saying that cheque was neither given for business transaction nor for a liability...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Principles governing - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable - For fastening the criminal liability, there is no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Postal receipt issued on the proforma meant for telephone bill - Postal receipt revealing that it was issued with regard to registered post letter and not for telephone bill...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint cannot be dismissed questioning the financial soundness of the complainant to lend the amount - Statutory presumption not rebutted - Ingredients of offence made out - Acquittal, held, not proper - Accused convicted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Alteration in postal receipt - Figure `97' having darker ink than other figures - It does not appear to be alteration rather it is natural one...........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Two notices sent to accused but returned due to non availability of accused - Third notice duly served on accused - Held, limitation for filing complaint would start from the date of service of third notice...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Two cheques issued by two separate persons during the course of same transaction - Single complaint - Maintainability - Held, persons accused of the same offence committed in the course of same transaction can be charged joint - No illegality in holding a joint trial. (Criminal Procedure Code,..........

Showing : 461-470 of 2739 Results