Showing : 191-200 of 4960 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a date of hearing..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheque whether issued by force or there was outstanding, which is lawful or not - This question of fact cannot be considered in a petition for quashing proceedings...........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence reduced by High Court till rising of Court and accused was directed to pay compensation and in default thereof to undergo imprisonment for three months - Accused in execution of sentence awarded by Sessions Court underwent imprisonment for three months -..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 3, 138-- Credibility of witness - Veracity of witness can only be judged by taking into consideration evidence adduced by him on oath made during course of chief-examination as well as during course of cross-examination and accordingly - In other words, in order to access credibility of witness, Court..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 137, 138-- Cross-examination - When a certain conclusion is sought to be drawn from statements given by a witness in his cross-examination, then a categoric and specific suggestion to that effect must have to be given to witness for him to admit or deny...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Plaintiff expired after submitting his examination-in-chief - He was thus, not available for cross-examination - Examination-in-chief of plaintiff is valueless - Exception is carved out only u/s 32 of the Act, which is not the case here...........

Showing : 191-200 of 4960 Results