Showing : 761-770 of 2734 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Principle that the debtor must seek the creditor - Not applicable in a criminal case - Jurisdiction of the Court to try a criminal case is governed by the provisions of the Criminal Procedure Code and not on common law principle...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Company having registered office at Delhi and branch office at Chandigarh - Business transaction entered into at Chandigarh - Cheque drawn at Chandigarh Bank - Notice demanding payment sent from Delhi - Issuance of notice would not by itself give rise to a..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Giving of notice does not give rise to a cause of action but it is communication of notice which give rise to a cause of action - For an offence u/s 138 of the Act notice must be received by the accused - Notice may be deemed to have been received in certain..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Complaint against company and other Directors - Specific averment in complaint that accused persons were incharge of and in control of day to day affairs and management of accused company - Case made out u/s 141 of the Act - Order issuing process against company and..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without recording proper..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the full payment cheque issued as a collateral security not..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards guilt or..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........

Showing : 761-770 of 2734 Results