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Results of 138 ni act

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UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque signed by petitioner No.1 a partner on behalf of firm - He was a responsible person for business of firm - It cannot be said that for his role it is necessary to plead that he was responsible for day-to-day business of firm...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lost cheque - Plea that cheque was lost and bank was also informed about `stop payment' - Such pleas to be decided by trial Court after recording evidence...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - No averment in complaint that accused No.4 or accused No.5 ever signed any cheque - No averment in complaint that they are directors of company on behalf of whom cheques were issued - Complaint qua accused Nos.4 & 5 quashed...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Existence of debt is not the subject matter of presumption u/s 139 of the Act - The drawee of the cheque has to prove the existence of debt or liability - It is only upon such proof of existence of debt that presumption u/s 139 of the Act to the effect that cheque has been issued for..........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued against loan - Date of loan on which it was advanced not stated - Loan advanced in January but cheque bears date of March - It is clear that no consideration has passed under the cheque in March as even according to complainant loan was advanced in January - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused alleged that a blank cheque was issued by way of security - Complaint filed at a place where neither agreement executed nor cheque issued - Held, continuation of proceedings would be an abuse of process - Proceedings quashed...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138 -- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which..........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Fine of Rs.1., 50, 000/- imposed - Conviction confirmed - However, sentence of fine reduced from Rs.1.50 lacs to Rs.1.10 lacs payable to complainant as compensation, within three months...........

CLACUTTA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374 -- Dishonour of cheque - Proceedings terminated in conviction - Appeal dismissed on ground that neither accused nor his lawyer came present in Court on date fixed - Held, criminal appeal preferred against order of conviction cannot be disposed of without giving opportunity of hearing..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........

Showing : 511-520 of 2901 Results