Showing : 241-250 of 5102 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190-- Dishonour of cheque - Cognizance of offence - Only for those offences, where allegations constitute offence the Magistrate is entitled to take cognizance and proceed with the matter - Otherwise, issuance of summons to accused virtually violates constitutional right of liberty guaranteed to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued towards repayment of loan amount - Acknowledgment receipt of receiving loan amount issued by accused was relied upon by complainant - Contents of document purportedly issued on the day on which cheque in question was issued does not appear to be natural course..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque issued towards repayment of loan amount - No contemporaneous document on record to show that complainant had indeed advanced cash amounts to accused as claimed by him - This creates a serious doubt about foundational facts of complainant case...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 138-- Cross-examination - When facts spoken in chief examination was not denied specifically in cross-examination, facts so not denied have deemed to be admitted...........
KERALA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21(2)-- Dishonour of cheque - Dispute referred to Lok Adalat - In case of settlement of any matter relating to S.138 of the Negotiable Instruments Act, the Lok Adalath must ensure that before passing the award, the entire amount settled between the parties is paid - If some period is needed for the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........

Showing : 241-250 of 5102 Results