Showing : 431-440 of 4924 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his absence from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Petitioner not signatory to cheque - However, in case if he has any role to play in issuance of cheque in question, then said question is to be determined during course of proceedings in complaint - Petition disposed of accordingly...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any particulars of loan -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Mere fact that surname of proprietor is wrongly mentioned, it cannot be said that notice is bad, particularly, when notice is correctly issued to proprietorship firm which issued the cheques...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Registered A.D notice served upon accused and this fact is proved by post office - Although accused denied that he has signed delivery list, still this document is given from records of post office maintained in ordinary course of business - Official acts can be..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - As per S.138 of the Act, notice should be sent in writing but there is no requirement that notice should be sent by registered post only - Sending of telegram demanding payment is sufficient compliance of requirement of law...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused sentenced to pay fine of Rs.50,000/- only by trial Court, though amount of cheques is 2 lakhs - Keeping in view the fact that more than 20 years has elapsed from date of dishonour of cheques, accused is sentenced to pay fine of Rs.4 lakhs and in default to suffer S.I..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Enhancement of sentence - In the instant case, accused is not imprisoned but only sentenced to pay fine of Rs.2 lakhs and in default, to suffer S.I. for 3 months for dishonour of two cheques amounting Rs.1 lakh each - As per S.138 of the Act, it is..........

Showing : 431-440 of 4924 Results