Showing : 2131-2140 of 5175 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner..........
PATNA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Complaint filed within seven days of issuance of notice - Complainant can file complaint only when accused fails to pay within fifteen days of receipt of notice - S.138(c) of the Act is offended - Prosecution of petitioner untenable...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - If the cheque is given towards any liability or debt which might have been incurred even by someone else, the person who is a drawer of the cheque can be made liable u/s 138 of the Act...........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque presented at `Delhi' and dishonoured - Notice issued from `Delhi' - Entire cause of action relating to alleged offence arose within territorial jurisdiction of Court at `Ludhiana' - Held, Court at `Delhi' has no jurisdiction when all the acts..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued to discharge liability of another person - A person who issued the cheque can only be prosecuted - Such other person cannot be prosecuted...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138,141-- Dishonour of cheque - Company - Prosecution of Director - It is not sufficient to make a bald cursory statement in a complaint that a Director is incharge of and responsible to the company for the conduct of the business of the company - Complaint should spell out as to how and in what manner the..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by firm - Cognizance - Challenge thereto - A definite allegation is made against petitioner regarding issuance of cheque on behalf of firm - Contention of petitioner regarding signatures and also retirement from the partnership firm at the time of issuance of cheque -..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73-- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of signatures..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Appeal - Appellant filed application u/s.340 r/w S.195(1)(b) Cr.P.C. during pendency of appeal - Appellate Court passed discretionary order that application will be decided along with main appeal itself - Validity - Held, there is no jurisdictional error in..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Held, presumption mandated by S.139 of the Act does indeed include the existence of a legally enforceable debt or liability...........

Showing : 2131-2140 of 5175 Results