Showing : 241-250 of 4960 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Ingredients are: (i) that a person shall drew a cheque on account maintained by him with banker; (ii) that such cheque when presented to bank is returned by bank unpaid; (iii) that such cheque was presented to bank within a period of 6 months from date it was drawn or within..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Offence by company - Dishonour of cheque by bank without valid justification - Payee of cheque has legal rights and remedies for redressal of injury caused by bank in addition to his rights against drawer of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Scheme - Punishment u/s 138 of the Act is different from scheme of Cr.P.C. - Moreover, S.138 of the Act creates an offence and prescribes punishment and no procedure for investigation of offence is contemplated - Even, prosecution is initiated..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong cheque number - Wrong cheque number stated in the complaint is not end-all and be-all of the case - Other factors are also required to be seen to decide as to whether complainant has been able to prove his case...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - In a trial u/s 138 of the Act, presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability - No sooner the complainant discharges the burden to prove that instrument..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the statutory presumption, an accused is not expected to prove his defence beyond reasonable doubt as is expected in a criminal trial - An accused can either adduce direct evidence to prove the non existence of any debt or liability or could..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings quashed...........

Showing : 241-250 of 4960 Results