Showing : 71-80 of 120 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s.139 - Petitioner/accused accepted facts of issuance of cheque and signature in cheque - Held, respondent/complainant is entitled to invoke presumption u/s.139 of N.I. Act that cheque has been issued only for discharging of existing legal liability - Contention..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Denial of signature on cheque - Expert verification - Accused categorically denied his signature on body of cheques from the time of his show cause reply and claimed that his signature has been forged - Held, this is a fit case where orders ought to have been passed to send..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Legality of - Complainant has totally failed to prove his debts against accused person and complainant did not come with clean hands before trial Court and on contrary, accused who was doing job with complainant and complainant with a view to not paying amount of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date,..........
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..........
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..........
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..........
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..........

Showing : 71-80 of 120 Results