Showing : 1-10 of 428 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Payee or holder in due course has an additional remedy under civil law in addition to remedy under Criminal law - Both can be invoked simultaneously...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - Where notice specifically states that complainant is legally entitled to realize the amount of the cheque from accused and accused is legally bound to pay the amount to complainant within 15 days from the date of notice, it amounts to clear demand as required..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit cheques..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - In a partnership firm all the partners are personally liable to discharge liability of the firm in their individual capacity as well as under vicarious liability...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 407, Negotiable Instruments Act, 1881, Section 138-- Transfer of case - Dishonour of cheque - Case falling under Negotiable Instruments Act can be transferred in exercise of power u/s 407 Cr.P.C - There cannot be any distinction made between cases falling under Negotiable Instruments Act and other cases...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Quashing of complaint - Cheque in question issued under signature of A-7 on behalf of Company/A-1 - A-7 is handling all financial business of Company - No averment in complaint against Directors A-2 to A-6, A-8, A-9 that they are involved in day to day..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards payment of earnest money under agreement of sale - Agreement stood frustrated on account of failure of complainant to obtain no objection from other co-sharers and his inability to handover actual physical possession - It cannot be said that there was..........

Showing : 1-10 of 428 Results