RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Directors of sister concern - Held, Directors of sister concern cannot be roped in for vicarious liability, unless it is first pleaded in the complaint that such Directors are common to both the sister concerns...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Substitution of person who filed complaint - Validity - Respondent sought and granted permission by Court below to substitute person who originally instituted complaint with that of another person citing health reasons by specifically reserving right of petitioner to..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Held, debt or liability referred to u/s 138 of the NI Act means debt or liability which existed on the date on which cheque was issued...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Held, if a cheque is for an amount more than that due by accused, S.138 of the NI Act is not attracted...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - Accused received demand notice but failed to reply - In her statement u/s 313 of the Code accused has denied everything including availing of loan, issuance of cheque, receipt of statutory notice, etc. - She has not explained any of the incriminating circumstances..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(c)-- Dishonour of cheque - Cause of action - Cheque can be presented any number of time during period of its validity - However, cause of action within meaning of S.142(c) arises and can arise only once - On each presentation of cheque and its dishonour a fresh right and not cause of action accrues in..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(c)-- Dishonour of cheque - Held, following facts are required to be proved to successfully prosecute drawer for an offence u/s.138 of the Act - (a) cheque was drawn for payment of an amount of money for discharge of a debt/liability and cheque was dishonoured; (b) cheque was presented within prescribed..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Complaint - Settlement - Modification of - Parties entered into an amicable settlement whereby petitioner agreed to pay sum due in full and final settlement of claim of respondent bank - Application for modification of terms of settlement - Held, once settlement reached is..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque issued by respondent/accused for payment of interest on outstanding dues dishonoured - Cheques which have been produced by appellant, and contents of cheques dishonoured are in different hand writing, though signatures on those cheques are..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued to repay loan of Rs.9.30 lacs - Source from where such a huge amount generated not disclosed - Loan not reflected in income-tax return - This clearly creates a doubt regarding truthfulness of stand taken by complainant that he advanced loan of such a huge amount..........