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Results of under s 138 of ni act

Showing : 1-10 of 2901 Results

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No marked difference between signatures of accused on the cheque and admitted signatures - Mere suggestion that accused did not sign the cheque and it was removed by theft is not a good substitute for reliable evidence...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant issued notice to accused in his admitted address - Notice having been sent to accused's correct address were duly served, fulfilling the requirement of `giving Notice'...........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Objection regarding no, filing of documentary evidence in complaint to establish that cheques were dishonoured - Certified copy of cheque return memo on record established that cheque was dishonoured - Moreover, such objection not raised at trial cannot now be heard at appellate stage - Objection..........

SIKKIM HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........

DELHI HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioners are neither Managing Directors nor Authorized Signatories of accused company - No specific role has been attributed to petitioners, except for general allegation stating that petitioners were responsible for control and management and day to day affairs of accused..........

Showing : 1-10 of 2901 Results