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RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Re-submitting of cheque - Whether extends period of limitation? - Held, period of limitation begins to run from the date the cheque bounces - Said period of limitation cannot be extended by a litigant by resubmitting cheque for encashment for second time...........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in discharge of debt dishonoured - Contention that a signed blank cheque entrusted with one "V" in connection with purchase of a motor cycle misused by complainant - Evidence on record however does not in any way help accused..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Trial Court imposed a sentence of SI for one year and to pay compensation of Rs.1,80,000/- to complainant - Appellate Court modified sentence to SI for six months and to pay compensation of Rs.1,80,000/- - Transaction is of year 2005 - Held, sentence imposed..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Revision against - Possession of cheque has been proved and signature is not disputed - Held, respondent/complainant is entitled to presumption u/s 139 of Negotiable Instruments Act - Since it is a rebuttable presumption, the presumption has not been rebutted by the revision petitioner..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Accused sentenced to undergo SI for one year and to pay fine of Rs.5,000/- as well as compensation of Rs.2,82,000/- - Held, substantive sentence of SI for one year imposed by Courts below modified to imprisonment till rising of Court - Sentence of fine set aside -..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction and sentence - Revision - Compounding of offence - Matter has been settled between parties - Held, offence allowed to be compounded - Conviction and sentence liable to be set aside - Petitioner/accused acquitted u/s.320 Cr.P.C. - Petition..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption in favour of holder - Execution of dishonoured cheque admitted by accused - Held, presumption as envisaged u/s.118 and 139 of Negotiable Instruments Act is available to complainant...........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Trial Court imposed sentence of SI for one year and to pay fine of Rs.50,000/ - Out of fine amount, Rs.45,000/- was ordered to be paid as compensation to complaint - Lower Appellate Court confirmed conviction but modified sentence to SI for four months and to pay..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint - Conviction - Validity - Complainant's case that accused borrowed Rs.40,000/- from him and to discharge that liability he issued cheque in question - Specific case of accused that he borrowed only Rs.20,000/- from complainant and issued a blank signed cheque which was misused by..........

KERALA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of accused that he and complainant were jointly doing contract works of Municipality and in connection with that business he issued a signed blank cheque to complainant, which was misused by him - No evidence was adduced by accused to prove his case - Accused admitted..........

Showing : 3821-3830 of 6936 Results