Showing : 51-60 of 5124 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Material alteration - Alteration of payee's name in a cheque is material which affects character of instrument and so also relationship of parties and their legal position as originally expressed...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137-- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness - Evidence..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, 138-- Cross examination of co-defendant or his witnesses - Permissible only when there is conflict of interest between the two defendants and not when his interest is not hostile to that of the co-defendant or when nothing has been said by defendant to affect the interest of co-defendant...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence by company - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Signatures admitted - Comparison of writing on the body of cheque - Not permissible - Fact that body of cheque is not filled up by the drawer of cheque is totally immaterial in a trial for offence u/s 138 of the Act - Dismissal of application calls for no interference...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482-- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........

Showing : 51-60 of 5124 Results