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Results of 138 ni act

Showing : 521-530 of 2901 Results

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before..........

GAUHATI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 34 -- Dishonour of cheque - Quashing of complaint - An FIR registered u/ss 406, 420, 34 of the IPC for the alleged dishonour of cheque - Subsequent prosecution u/s 138 of N.I. Act - Accusation made against petitioner that cheque dishonoured on account of insufficient funds -..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Accused facing trial u/s 138 NI Act - After about 8 months, accused filed petition for quashing - Trial at the verge of completion - Petition dismissed - Held, petitioner can take all points taken in petition before trial court at the..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, 421 -- Dishonour of cheque - Compensation - Non payment - Recovery - An order of compensation u/s 357(3) will be recoverable in the same way as if it were a fine...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Presumption u/s 139 of the Act does indeed include the existence of a legally enforceable debt or liability...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Offence u/s 138 of the Act is committed in case of `Stop payment' irrespective of insufficiency of funds in the account...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - `Lost cheque' - While issuing instructions to bank to `stop payment' it was not mentioned that cheque was lost - Accused failed to reply to the statutory notice - Leads to inference that there was merit in the complainants version...........

Showing : 521-530 of 2901 Results