Showing : 1741-1750 of 5191 Results

UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque No.754336 mentioned in complaint and also in notice - Cheque No.654336 produced on record - Plea of typographical mistake - A typographical mistake can be made once, but it could not be repeated over and over again - Held, Magistrate was justified in concluding that..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Petitioner/accused had borrowed sum of money form `M' and gave a cheque to discharge said loan amount - `M' made over cheque in question to respondent/complainant - Bank Rules duly permit for making over cheque in favour of third parties - All legal..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Advancement of friendly loan of Rs. 2,00,000/- by petitioner/complainant to respondent/accused - Allegation that in order to discharge liability in relation to aforesaid transaction respondent issued cheque which got dishonoured - Admittedly, name in..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint sought on the ground that cheque book and passbook got lost, after death of petitioner's husband and respondent misused the same - Held, plea is factual in nature and cannot be examined by High Court in its jurisdiction u/s 482 of CrPC - Petition liable..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - Failure to reply - Effect - Held, failure on part of respondent in giving reply to statutory notice is also a circumstance to infer that there was a legally enforceable debt...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Propriety - Neither petitioner/complainant had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to respondent/accused - Evidence against respondent/accused is contrary to his submission - At every stage..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 118(a), 139-- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque for Rs.one lac - Conviction - Revision - Defence plea that cheque was issued for investment purpose - Petitioner/accused failed to substantiate defence by leading any material evidence - Trial Court convicted petitioner/accused and awarded sentence of detention till rising of..........

Showing : 1741-1750 of 5191 Results