Showing : 331-340 of 4924 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d)-- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d)-- Dishonour of cheque - Unstamped document - Impounding - Complainant claiming repayment of debt on basis of unregistered and unstamped Memorandum of Understanding - According to Stamp Act, 1899, Courts can receive u, stamped or insufficiently stamped documents in evidence without insisting for..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138-- Recall of witness for re-examination - When witness has supported prosecution case in his examination-in-chief and has also been cross-examined at length and he has even denied to specific suggestions put forth by defence counsel that there was no demand or acceptance of bribe money by petitioner..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138-- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to cross-examine witness...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138(c)-- Dishonour of cheque - Pre-mature complaint - Filed before expiry of 15 days from the date of receipt of notice - Complaint cannot be entertained, as drawer/accused cannot be said to have committed any offence till then - However, it is open to payee or holder to file fresh complaint within a month..........

Showing : 331-340 of 4924 Results