Showing : 331-340 of 5052 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong cheque number - Wrong cheque number stated in the complaint is not end-all and be-all of the case - Other factors are also required to be seen to decide as to whether complainant has been able to prove his case...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the statutory presumption, an accused is not expected to prove his defence beyond reasonable doubt as is expected in a criminal trial - An accused can either adduce direct evidence to prove the non existence of any debt or liability or could..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Director individually cannot be prosecuted when proceedings against company are dropped...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Negotiable Instruments Act, 1881, Section 138-- Bail - Dishonour of Cheque - Accused had preferred an appeal against judgment of trial court and his sentence was suspended by appellate Court - Petitioner had been appearing on every date before appellate Court and he could not appear only on one occasion - Bail granted with condition that..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Complainant failed to prove its status as finance company, as no document was produced to prove such status - Moreover, cheque issued after a year later from the date of advancement of loan amount, which was not believable - Said lacuna is fatal to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Order closing evidence of complainant - On the date when accused himself was not present - Not justified and order is hereby set aside - Trial Court is directed that the petitioner be afforded one effective opportunity to lead and conclude his entire evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - It is pre-mature complaint - Complaint is not maintainable...........

Showing : 331-340 of 5052 Results