Showing : 61-70 of 5207 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........
MANIPUR HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Examination of complainant u/s 200 Cr.P.C. - Not necessary if evidence is given by way of an affidavit...........
MANIPUR HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Admissibility of photostat copies of documents - Objection as regards admissibility of documents can be agitated at the stage of trial - No ground to invoke S.258 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summoning order on printed proforma - Blanks in printed proforma filled up by some Court employee and Magistrate thereafter just put his initial - It leads to conclusion that Magistrate has passed order in a mechanical manner without application of judicial mind - Summoning..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and subsequent one,..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Filing of complaint u/s 138 of the Act through power of attorney is perfectly legal and competent...........

Showing : 61-70 of 5207 Results