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Results of s 138 of ni act

Showing : 51-60 of 2901 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Independent and a no, executive Director of a company - In absence of any specific role attributed against him for his active participation in day to day affairs of company and of taking all decisions of company, particularly when he is not signatory to..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act creates an offence and prescribes punishment - Procedure for investigation of offence is not contemplated...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque in question not issued towards any consideration or to clear of any debt or liability - Ingredients of offence u/s 138 of the Act are lacking - Proceedings quashed...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Guarantor - Loan transaction - Accused stood as guarantor for repaying loan taken by co-accused - No evidence on record that accused handed over cheque in question for clearing dues of his father towards complainant Firm - Surety bond which accused gave to complainant does not mention number of cheque -..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Legally enforceable debt - Loan transaction - Accused resident of Pune and complainant resident of Pali - There is no reason as to why accused would travel all the way down to Pali for taking loan of a sum of Rs.1,60,000 from person with whom, he had no connection whatsoever - Complainant is an..........

Showing : 51-60 of 2901 Results