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Results of s 138 negotiable instruments act

Showing : 2831-2840 of 5145 Results

GUJARAT HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant failed to prove beyond reasonable doubt that debt was legally recoverable on the date of the cheques in question - Complaint dismissed...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 118(a), Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Summary suit - Defendant purchased timber from plaintiff and he issued cheque towards price of that timber - Defendant has not denied his signature in cheque - Defendant has no case that he had kept blank signed cheques - It is not stated that cheque..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings sought on the ground that respondent-complainant has not mentioned in complaint regarding the date when loan was advanced to petitioner - Held, merely on that basis complaint cannot be quashed - Such issues can very well be gone into by..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of authorised signatory of proprietorship firm who issued the cheque - Intimation of death not given to Bank - There is a disputed question of fact as to whether authorised signatory of the cheque, died prior to the dates of the presentation of the cheque - Proprietor being drawer of cheque is..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Withdrawing cash from bank and paying to the accused instead of issuing the cheque in favour of accused - Held, it is not necessary for the complainant to issue cheque to the accused and it is not proper to doubt the version of the complainant merely because he chose to advance hand-loan by cash...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Not proper to doubt the complainant when he advanced the hand-loan by cash instead of issuing a cheque to the accused - Trial Court unreasonably expected the complainant to examine eye witnesses to the hand-loan when it was not essential because there was documentary evidence in favour..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - There is presumption that service of notice is effected when it is sent on correct address by registered post on the address of the drawer - It is not necessary for the complainant to aver in the complaint that service of notice was evaded by the accused...........

JHARKHAND HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act is applicable in respect of the current or past debt...........

Showing : 2831-2840 of 5145 Results