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Results of 138 ni act

Showing : 421-430 of 2901 Results

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 - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion to ascertain age of ink for writing amount in cheque - Petitioner admitted his signatures - In India that too in Tamil Nadu, there are no such experts to ascertain the age of the ink - Application is filed only to drag on the proceedings - No illegality and irregularity in dismissing the..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Second revision petition in the guise of S.482 Cr.P.C. is not maintainable when petitioner already filed revision u/s 397(3) Cr.P.C. before the revisional Court...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution passed whereby Managing Director authorised to 'Conduct proceedings on behalf of company' - Such expression does not include to file a complaint on behalf of Company...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........

CHHATTISGARH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Condonation of delay and extension of time can be done only after giving the proposed accused an opportunity of being heard...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Cheque amount Rs.2.20 lakhs - Accused facing trial for the last 13 years and already undergone four months of sentence - Sentence reduced to already undergone...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2.20 lakhs - Accused convicted and sentenced to one year SI and to pay fine of Rs.5, 000/- - Accused also directed to pay compensation of Rs.2.20 lakhs - Held, when sentence of fine is part of imprisonment then Court should not direct payment of compensation - Sentence of fine deleted..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 357(3) -- Dishonour of cheque - Fine can be extended to twice the amount of cheque - However, in view of limitation prescribed u/s 29(2) Cr.P.C. trial Court should not award sentence of fine of more than Rs.5, 000/- - In such a situation Magistrate can alleviate the grievance of..........

Showing : 421-430 of 2901 Results