Showing : 721-730 of 4924 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards goods sold by complainant to accused - However, complainant failed to lead any evidence whatsoever to establish the supply of goods to accused of the amount in question - He did not file on record any bill, voucher or invoice to show that goods were sold..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34-- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act, but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Presumption - Initially, complainant has to prove existence of debt and other liabilities and thereafter burden shifts upon accused to prove that cheque was not issued towards discharge of a lawful debt but was issued by way of security or any other reason on account of some..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Punjab Money Lenders Act, 1938, Section 3, 4- - Dishonour of cheque - Money lender - Advancement of loan - Complainant advancing agricultural loan to petitioner/farmer without holding licence under Money-Lender's Act, is illegal and complainant can also be prosecuted for the same - Contention of complainant that said issue cannot be raised for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque issued towards loan amount as a security - Complainant admitted his relationship with petitioner as commission agent and farmer - Petitioner contended that complainant was in a dominating position and had been advancing loans after getting their signatures..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Disputed signatures - Determination of age of ink - Application for expert opinion filed at belated stage - Accused never came up with any specific defence until his statement u/s 313 Cr.P.C. was recorded - More so, accused has already been given sufficient..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Friendly loan of Rs.2.50 lakhs - Failure to show source of income - Even no document reduced into writing for advancement of such a huge amount nor any interest was chargeable on said amount - Complainant failed to prove its case by leading cogent and sufficient evidence -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5-- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of which interference can be made - Accused rightly..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of pay order - Complaint against Bank and its Branch manager - Proceedings against Bank already dropped - In such a situation, complaint against Branch manager cannot be proceeded - Moreover, in the absence of necessary details as regards the property based on which the transaction was..........

Showing : 721-730 of 4924 Results