Showing : 31-40 of 120 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signatures differ - Even when the signature differ, if there were no sufficient amounts in the accounts of the accused to honour the cheque, an offence u/s 138 of the Act is made out...........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been summoned - Held, question..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Typographical error in cheque number in demand notice - Error does not mitigate the situation as accused did not dispute his signature on cheque - Such mistake cannot be said to be material as amount covered by cheque is correctly recorded in statutory notice - Conviction..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - There is signature of respondent as proprietor and it reveals that cheque was dated 10.12.2005 and number `5' has been corrected by altering it as `6' - There is a signature below correction - There is material difference between signature below..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Ascertainment of age of ink in signature, other contents in the cheque and number of pens used for filling in it by an expert of Forensic Science - Application filed belatedly after taking nearly fifteen adjournments - Held, request was meant only to procastinate the pending..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73- - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial Court..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Prayer for sending cheque to laboratory - Refusal of - Validity - Petitioner/accused contended that figure "4" has been added in cheque - It has not been disputed that FSL has opined that "4" figure in cheque appears to be similar to that of other writing on cheque -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Factum of lending Rs.3,70,000/- as well as signature on cheque in question not denied by petitioner - Contention that cheque cannot be presented twice - Held, no restriction on presentation of any cheque repeatedly within period stipulated in Act -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65-- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of complainant..........

Showing : 31-40 of 120 Results