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Results of s 138 of ni

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Showing : 221-230 of 4214 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - No denial as to issuance of cheque and signatures thereupon - It can be presumed that cheque was issued in discharge of lawful liability - Accused rightly convicted...........

GUJARAT HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Non furnishing list of witnesses - Issuance of process - Provision of S.204(2) Cr.P.C. is mandatory but this by itself does not vitiate the issue of process or jurisdiction of Court - Moreover, S.145 of N.I. Act which is pari materia to S.254(2) Cr.P.C..........

KERALA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea that notice was returned as same was sent to wrong address - Notice whether amounts to proper notice is a matter of evidence - Complaint cannot be quashed without giving an opportunity to complainant to prove issuance of legal notice...........

DELHI HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render the cheque return memo as invalid or illegal...........

DELHI HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Cheque return memo - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return memo - Cheque return memo is nothing but a mere information given by the Banker of the due holder of a cheque that cheque has been returned as unpaid...........

DELHI HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - In case of any irregularity or illegality in the format of cheque return memo then it can be addressed during the course of trial...........

DELHI HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures on cheque admitted - Presumption u/s 139 of the Act includes presumption that there exists a legally enforceable debt or liability - However, the presumption is rebuttable and it is open to accused to raise a defence wherein the existence of a legally enforceable debt or..........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence...........

Showing : 221-230 of 4214 Results