BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - S.138 of the Act being a piece of penal provision has to be strictly construed and there is no scope for its liberal interpretation...........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards sale consideration - Purchase of land by petitioner - Cheque issued by respondent No.2 - It is the respondent No.2 who issued the cheque is liable u/s 138 of the Act - Proceedings against petitioner quashed...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - - Issuance of three cheques - Cash payment made qua one cheque and said cheque returned - Two other cheques dishonoured - Defence of accused that two cheques were not returned and misused by complainant, as he has paid entire purchase money which is not probable, as if first..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued for debt due or by way of security - Difference - If cheque is issued for debt in present, but payable in future, than it amounts to debt due, but, if cheque is issued for debt which may become payable in future upon occurrence of contingent event, it will..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Existing debt - Blank cheque - Signed blank cheque misused by complainant after almost 17 years - Such misuse can be inferred from indirect threats given in statutory notice itself that if amount is not paid, then complainant will..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - Where offence u/s 138 of the Act is committed by company, complainant is required to give serious thought and make enquiries and ascertain the fact as to whether particular director is incharge of and..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - In absence of cogent material, no liability can be fastened on Non-Executive Director which includes office bearers concerned with accounts department of company...........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - New management took over company during dispute between accused/company and complainant - Complainant misused blank signed cheque issued in year 1994, on strength of report of Chartered Accountants - Even, accounts in which cheque..........