Showing : 1-10 of 53 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
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..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI Act -..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque - Signing of a blank cheque does not amount to due execution - Due execution means to give a cheque in its complete form - In case of issuance of blank cheque there can be presumption of authorisaton in favour of the person in whose favour it was issued to fill..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque - For..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Acquittal - Appeal against acquittal - Material on file indicated that complainant obtained blank cheques from accused by way of security and thereafter, misused said cheque - Held, findings of acquittal cannot be faulted...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Insufficient funds - Expert opinion - Theory that signed cheque was misplaced which is misused by complainant - Expert opinion to ascertain age of ink - Held, no prudent man and that too of stature of Managing Partner would normally keep signed blank cheque in careless manner..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45-- Dishonour of cheque - Account closed - Theory of blank cheque - No reasonable prudent man would normally keep blank signed cheque - Plea of accused that he had handed over one blank cheque to `S' at time of his retirement who subsequently returned it but he lost cheque while travelling - Held, if..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cognizance whether rightly taken - Cheque dated 06.04.2001 and bank account closed on 12.09.1998 - Provision of S.138 of the Act is not attracted in such a situation yet fact whether blank cheque was misused or presented late or that cheque was not issued towards existing..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan - Dispute as to loan amount and plea that a blank cheque was issued as security - An entry in the ledger book and income tax return containing the balance sheet showing a particular amount standing against the name of the accused - Held, this by itself is not sufficient..........

Showing : 1-10 of 53 Results