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RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Hand loan - Complainant had no financial capacity to give hand loan for a huge sum of Rs.9 lakhs to accused - Existence of legally enforceable debt against accused thus, not proved - Accused rightly acquitted...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Reduction of sentence - Accused sentenced to a period of 6 months S.I - He suffered agony and trauma of protracted trial and undergone a period of 4 months and 10 days in custody - It is thus, just and proper to reduce the sentence of accused to period already undergone by..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304B, 498A, 406, 302, 201, 34, Evidence Act, 1872, Section 138-- Offence u/ss 304B, 498A, 406, 302, 201, 34 - Re-examination of witnesses - Failure by Public Prosecutor - Such omission by public prosecutor only amounts to lapse on his part and does not affect the case of prosecution, when corroborated with other evidence available on record...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Defence evidence by accused by way of evidence - Not permissible...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused convicted - Cheque amount Rs.2.50 lakhs - Order to deposit Rs.5 lakhs is on the higher side and same reduced to Rs.2.80 lakhs with costs of Rs.20,000/-...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Matter compromised in Lok Adalat during pendency of appeal - Cheque, issued in pursuance of such compromise, dishonoured - Complaint filed u/s 138 of the Act - Settlement of matter in Lok Adalat was in acknowledgment of liability of accused to complainant -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Cross examination of prosecution witnesses is not sufficient to rebut the presumption of consideration...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Mere discrepancies in the statement in respect of cartons, trays or the packing material or the rate charged will not rebut the statutory presumption...........

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