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Results of 138 ni act

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KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 61 -- Dishonour of cheque - Process fee not paid - Accused not to be acquitted even if complainant is absent...........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - Accused failed to rebut the presumption available/s 118 of the Act - Magistrate did not frame the points and deal with the matter properly - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Accused paid cheque amount to complainant and also deposited fine imposed by trial court as per trial court order - Additional sum of 15% of the cheque amount imposed by way of cost which not..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Court can acquit an accused u/s 256(1) Cr.P.C. only on either of the two days viz. (i) the day appointed for appearance of the accused if summons has been issued and (ii) any day subsequent thereto, to which the hearing may be adjourned...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1) -- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Expression 'any day subsequent thereto which the hearing may be adjourned' appearing in S.256(1) Cr.P.C. refers to that day which is immediately succeeding the day appointed for appearance of the accused after recording the plea of not guilty...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1) -- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - There is nothing in the provision of S.256(1) Cr.P.C. to show that an accused can be acquitted on 'any day to which the case is posted for evidence...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite..........

Showing : 411-420 of 2901 Results