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Results of 138 ni act

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BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused 65 years of age - Seniority cannot earn immunity from imposing substantive sentence...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal application that in all cases..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Available only when there is either admission or proof of execution of the cheque...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court within jurisdiction of one High Court to a Court within jurisdiction of another High Court - Petition for transfer of complaint is maintainable in the High Court having supervisory jurisdiction of Court where complaint is filed...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 93, 141 -- Dishonour of cheque - Offence committed by Govt. company - Notice of dishonour issued only to company and not to its Managing Director and General Manager - Held, M.D. and G.M. cannot be prosecuted for want of statutory notice - Complaint quashed...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482 -- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Given to one partner of firm - Other partner had already expired - It cannot be said that notice suffers from such illegality on the basis of which complaint can be quashed...........

Showing : 501-510 of 2901 Results