Showing : 1321-1330 of 4849 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Parties have entered into a settlement during pendency of appeals - Terms and conditions settled between parties - Held, in view of the settlement, parties permitted to compound offence punishable u/s 138 of NI Act...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar - Complainant..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank or incomplete cheque - Alteration therein - Held, it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for holder to fill up blanks and specify amount therein - This does not amount to any alteration in cheque if cheque was not..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Liability of guarantor - Held, co-extensive with borrower and if cheque issued by a guarantor is bounced, proceeding u/s.138 of N.I. Act vis-a-vis a guarantor is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt or liability - Held, if cheque is handed over representing that at eventuality of failure to repay loan within stipulated period it could be encashed, it cannot be said that cheque was issued representing security and not liability...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, presumption mandated by S.139 of N.I. Act includes a presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable in nature - When an accused has to rebut..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Notice - Non-reply to - Effect - Held, silence on part of accused in not replying to statutory notice is a strong circumstance which may reflect falsity of case of accused...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presentations of cheque - Held, if all presentations of cheque were within validity period of six months, condition precedent as stipulated in proviso clause (a) of S.138 of the Act is satisfied - There is no prohibition on number of times cheque is presented within six..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by way of security - Held, if there is dishonour of a cheque issued by way of security and not issued towards discharge of legally enforceable debt or other liability, such dishonour would not come within purview of S.138 of the Act...........

Showing : 1321-1330 of 4849 Results