Showing : 81-90 of 2734 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount Rs.2 lakhs - Accused convicted and sentenced to one year SI and to pay a fine of Rs.5, 000/- and accused further directed to pay compensation of Rs.2.20 lakhs to the complainant - Accused deposited the amount of Rs.2.20 lakhs - Accused aged 51 years of age and a..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Held, parties, in reference to offence u/s 138 r/w S.147 of NI Act are at liberty to compound the matter at any stage even after dismissal of revision application - Even a convict undergoing imprisonment with the liability to pay the amount of fine..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139- - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted -..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were stolen by complainant..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan Transaction - Criminal complaint u/s 138 of the Act - Maintainability - Contention that transaction being loan transaction, remedy to recover sum of disputed cheque by way of civil suit available to complainant - Held, apparently impugned transaction being transaction of..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Two partners - Death of both the partners - Constitution of new firm consisting of son of deceased partner and his mother - Held, new firm is not liable u/s 138 of the Act - Plea regarding new firm inheriting assets and liabilities of the erstwhile firm is..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Burden of proof - Trial court dismissed the complaint by relying upon statement of complainant that he had given cash to accused and thereafter accused gave him a cheque in order to guarantee - Held, here guarantee has been used in a very loose manner by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Injunction by civil court from proceeding with the presentation of cheque for encashing them pending disposal of Arbitration proceedings - Held, injunction is against the statutory provisions in Ss.138, 141 & 142 of NI Act - Injunction is to be deemed to be non est (with..........

Showing : 81-90 of 2734 Results