Showing : 71-80 of 115 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - There is no dispute with respect to signature contained in cheque in question - Cheque was dishonoured for insufficient fund in the account - Contention of accused that cheque was one among several cheques taken by complainant, when there was cordial..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Holder in due course - Mere signatures on back side of cheque does not amount to endorsement - Passing of consideration not duly proved by holder in due course by summoning the drawee of cheque whose signature is found on the back side - Held, complainant failed to prove that..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - In response to reply to notice issued by respondent No.2, petitioner never agitated the question that cheque in question did not bear signature of petitioner - This fact was agitated for first time during pendency of appeal - Moreover, petitioner..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Appeal - As per bank witnesses cheque was dishonoured on account of two grounds viz. insufficiency of funds and difference in signatures - Trial Court assumed that ground of insufficiency of funds was added later on in said bank memo - Held, since bank witness in..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Power of attorney holder - Complaint - Singing of complaint and Vakalatnama - Complainant has been permitted to continue with proceedings through her constituted attorney holder `S' - Held, there was no necessity of permitting complainant to put her signature on petition of..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45-- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed to have..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once the signature, execution and handing over of the cheque is satisfactorily proved, presumption comes into play and the same holds the field until the accused discharges the burden on him at least by the inferior standard of preponderance of possibilities and..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption as to - Disputed cheque was issued by accused to complainant - Signature on cheque has also been admitted by him - In spite of that Judicial Magistrate has proceeded to say that complainant had miserably failed to produce related books of accounts which was..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Handwriting and signature comparison - Magistrate after scrutiny of cheque in question came to the conclusion that there is much resemblance of signature of accused that contained in cheque as well as admitted signatures of accused - Magistrate has specifically observed that..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Determination of age of ink used - Application for - Allegation of misuse of signed blank cheques - Application filed about 8 year of issuance of cheques in question for determination of age of signature and writings on the cheques - Disputed cheque admittedly signed by..........

Showing : 71-80 of 115 Results