Showing : 1971-1980 of 5207 Results

UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Order taking cognizance - Quashing of - Cheques returned dishonoured by Bank for the reason that signatures of account holder are different - Account was in the name of another person - Held, impugned order taking cognizance against petitioner liable to be quashed - Petition..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by signing on..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Standard of proof - Held, a case u/s 138 being a criminal case the quantum of proof which is required to be proved by a party in order to procure conviction should be beyond reasonable doubt - No doubt, by virtue of S.139 there is a presumption of cheque having been issued..........
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..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proof of - Disputed cheques were issued by accused/revisionist in favour of complainant and when these cheques were presented before concerning bank the same were dishonored and thereafter when complainant sent notices to complainant to make payment to him, he did not make..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Part of cause of action - Held, if complainant calls upon accused to make payment at place mentioned in demand notice and accused fails to make payment at that place, part of cause of action would undoubtedly arise at that place - Thus, court in whose..........
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..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Closure of account - Does not come to rescue of accused to avoid penal liability u/s 138 of the Act...........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged -..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Exercise of revisional jurisdiction - Held, in exercising its revisional jurisdiction, High Court is not supposed to further re-appreciate the evidence already appreciated and re-appreciated by trial court and Appellate court - In exercising its such power when invoked by a..........

Showing : 1971-1980 of 5207 Results