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Results of s 138 of ni act

Showing : 31-40 of 2901 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Challenge as to constitutional validity of S.143-A of the Act - Stay of entire proceedings - Entire proceedings u/s 138 of the Act cannot be stayed merely on the basis of a challenge made to constitutional validity of S.143-A of the Act, as if entire proceedings have to be stayed, it would amount..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheque carries with it presumption u/ss 118, 139 of the Act - Complainant therefore not required to prove debt - However, complainant is required to plead about existence of debt in complaint - Proof of debt is different from pleading of existence of..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution u/s 138 of the Act is founded upon following four seminal ingredients: (i) Existence of a legally enforceable debt; issuance of cheque towards discharge of debt; (iii) dishonour of cheque and (iv) failure to make payment after receipt of statutory demand notice...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused is entitled to take conflicting defences, but complainant who wants to punish accused, must be consistent in his case...........

MADRAS HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant received full and final balance amount - Petitioner allowed to compound the offence - 15% cheque amount towards cost of litigation waived off - Conviction and sentence set aside...........

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumptions u/ss 118(a), 139 of the Act, are rebuttable in nature - Standard of proof required by accused is that such rebuttal is preponderance of probabilities - However, standard of proof on behalf of prosecution is proof of guilt beyond all reasonable doubts...........

Showing : 31-40 of 2901 Results