Showing : 401-410 of 4924 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, 142A-- Dishonour of cheque - Jurisdiction - Constitutional validity of amended provision conferring jurisdiction at place where cheque is delivered for collection through an account where payee and holder maintain his account - Amendment does not take away fundamental right of accused, as he still has a..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such amount -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bank account closed - Law as to - (a) Cheque issued of an account which was already closed; (b) Bank account closed after issuance of cheque; (c) Bank account closed by Bank without knowledge of account holder (for example treating the account as a non performing account) -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court ought not to have forwarded complaint to police for..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Complainant is required to establish case beyond reasonable doubt and accused can discharge its burden by preponderance of probabilities - This can only be done on basis of cross examination of witness of complainant and any other material available on record -..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - S.138 of the Act being a piece of penal provision has to be strictly construed and there is no scope for its liberal interpretation...........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards sale consideration - Purchase of land by petitioner - Cheque issued by respondent No.2 - It is the respondent No.2 who issued the cheque is liable u/s 138 of the Act - Proceedings against petitioner quashed...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has..........

Showing : 401-410 of 4924 Results