Showing : 1-10 of 5180 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - Once issuance of cheque is admitted/established, presumption would arise u/s 139 of the Act in favour of holder of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued for discharge of debt, way back in the year 1999 - Considering fact that cheque was issued in the year 1999 and having regard to other facts and circumstances of case and in the interest of justice, it is appropriate to set aside sentence of imprisonment imposed..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued by a guarantor - A cheque issued by a guarantor is also a cheque as per S.138 of the Act as one being issued in discharge of legally enforceable debt - S.138 of the Act nowhere provides that cheque drawn should be in discharge of drawer's liability alone - It..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 118(g)-- Dishonour of cheque - Holder of cheque - A holder of a cheque is entitled to the benefit of legal presumption u/s 118(g) of the Act that he came into possession of the instrument in due course unless it is shown to have come to the custody of the possessor by means of an offence, fraud or other..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Payee is a person to whom or to whose order money is made payable by the instrument - Payee could be any person whom the drawer of cheque may, to his choice, refer to his banker, no matter drawer has not incurred any liability to the person named by him in the cheque -..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by..........

Showing : 1-10 of 5180 Results