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Results of 138 ni act

Showing : 11-20 of 2901 Results

CHATTISGARH HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Provision of S.148(1) of the Act is mandatory - Non exercise of such power can only be under very exceptional circumstances...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days - Order to deposit for a period lesser than sixty days is illegal - It is mandatory for appellate Court to grant period of sixty days to accused to company with an..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........

Showing : 11-20 of 2901 Results