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Results of 138 ni act

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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - At revisional stage - Draft towards full and final payment brought to Court - 15% of the cheque amount deposited with the State Legal Service Authority - Offence u/s 138 of the Act is compoundable u/s 147 of the Act - Compounding of offence allowed - Sentence set aside -..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of second notice - Earlier notice was issued but complaint not filed - Complaint on the basis of issuance of second notice not maintainable...........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141(1) -- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the business of the company at..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pleadings in the complaint and averments in affidavit specific about place of cause of action and jurisdiction of Court - Complainant need not to examine witnesses to prove place of cause of action - Order dismissing complaint at pre-cognizance stage stating that no witness was examined..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by attorney in his own name as constituted attorney - Complainant was neither payee nor holder of cheque in due course - Attorney no where claimed that he had entered into the transactions on behalf of the payee and that he alone was conversant with the said transactions of the..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by attorney in his own name - If power of attorney is not in-charge of the business and does not have the personal knowledge of the transactions, he cannot make a statement u/s 200 Cr.P.C. to verify the facts of the complaint...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Dispute as to loan amount and plea that a blank cheque was issued as security - An entry in the ledger book and income tax return containing the balance sheet showing a particular amount standing against the name of the accused - Held, this by itself is not sufficient to establish that there..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........

RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any other person, as a..........

Showing : 431-440 of 2901 Results