Showing : 501-510 of 5191 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent after 50 days of receipt of information from bank - Notice is much beyond the prescribed period of 30 days - Trial Court rightly dismissed the complaint by observing that notice has not been served in accordance with provisions of S.138 of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Loan amount - Financial capacity of complainant - Non filing of ITR - Pales into insignificance when loan transaction and outstanding liability is clearly evidenced by Memorandum of Settlement, receipt executed by accused on the same day and promissory note...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act is a rebuttable presumption - Standard of proof required to rebut said presumption is on preponderance of probabilities...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant examined and produced 18 documents - Complainant not cross examined in spite of sufficient opportunity - No evidence on behalf of accused - Conviction upheld...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 93-- Dishonour of cheque - Offence by company - Complaint against company and its directors - Demand notice issued to company alone and not to its directors - Complaint against directors of company is maintainable without issuing notice to them - Law as to dishonour of cheque is governed by Chapter..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards advance payment - Cannot be treated as subsisting liability and dishonour of such cheque does not attract liability u/s 138 of the Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Statutory presumption - Cheque is presumed to have been issued for valid consideration unless rebutted...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138 of Negotiable Instrument Act, and even if he is taken to have been..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........

Showing : 501-510 of 5191 Results