Showing : 61-70 of 289 Results

BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused cannot be exonerated of penal action only because the liability was of some third person...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Originally issued of a/c No.1242 - This a/c No. scored off and instead thereof a/c No.1367 incorporated which also belonged to accused - Cutting not authenticated by accused - Accused never intended to issue cheque in relation to his account No.1367 to discharge his..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Not a signatory to the cheque - To fasten the liability on the Director of a Company for offence u/s 138 of the Act, it is necessary to see the averments contained in the complaint qua that director...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is in favour of the holder of the cheque that the cheque was issued by the drawer in discharge of full or part of the existing debt or legal liability - However, this presumption is rebuttable - Accused is required to be given full..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque returned with endorsement 'funds not arranged for' - Accused denied his liability to pay, as cheque was issued in pursuance of agreement to sell and when he came to know that complainant is not the owner of plot he did not arrange for the funds - Legal effect of..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Once issuance of cheque is proved then burden shifts to accused to prove that it was not issued in order to discharge any existing legal liability for repayment of debt - Standard of proof for rebuttal of such presumption is not heavy - The accused is required..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by a person to discharge liability of another person - Cheque dishonoured - Person who issued cheque is liable u/s 138 of the Act - Absence of averment that cheque issued by accused was towards the discharge of liability of another person - Complaint dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability -..........

Showing : 61-70 of 289 Results