Showing : 21-30 of 39 Results

KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position -..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 20, 21, Civil Procedure Code, 1908, Order 21, Rule 1-- Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed..........
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..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 139, 138-- Dishonour of cheque - Court is not bound to adjudicate on the liability under the cheque in dispute - However, when execution of cheque itself is disputed and not proved, Court has to consider original transaction for arriving at a safe conclusion...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the..........

Showing : 21-30 of 39 Results