Showing : 1-10 of 4987 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Death of accused - Legal heirs have right to challenge conviction of their predecessor for the purpose that he was not guilty of any offence - Legal heirs in such a case are neither liable to pay fine or to undergo imprisonment...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Part payment made - Same does not wash away the offence, for which cause of action had already arisen - Such part payment may be taken into consideration at the time of imposing sentence...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of proceedings - Trial at the final phase of arguments - Not proper to delve into disputed question of fact - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Security cheque - Handing over of cheques by way of security per se do not extricate the accused from the discharge of liability arising from such cheques...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219-- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order - Cheque whether issued to discharge legal liability or complainant used the blank cheque with wrongful intention - It is a matter of evidence which will be adduced during trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and subsequent one,..........

Showing : 1-10 of 4987 Results