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Results of 138 ni act

Showing : 361-370 of 2901 Results

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Necessary averments in complaint as regards jurisdiction of Court and as to petitioner being in charge and responsible for the conduct of business of the company - Held, there is sufficient compliance with the provision of S.141 of the Act...........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Account closed - Theory of blank cheque - No reasonable prudent man would normally keep blank signed cheque - Plea of accused that he had handed over one blank cheque to `S' at time of his retirement who subsequently returned it but he lost cheque while travelling -..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Insufficient funds - Expert opinion - Theory that signed cheque was misplaced which is misused by complainant - Expert opinion to ascertain age of ink - Held, no prudent man and that too of stature of Managing Partner would normally keep signed blank cheque in careless..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused ready to settle the amount in forty installments for which complainant not agreeable - Held, admission itself is sufficient and there need not be any proof of admission - Accused have to be held guilty of the offence u/s 138 of NI Act...........

GUJARAT HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Complaint - Pendency of summary suit for recovery of amount - Stay of - Validity - Held, merely because Summary Suits were filed by respective petitioners to recover the amount under cheque in question, Magistrate is not justified in staying further..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of the affairs of the company -..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee of cheque has the option to present the cheque in any bank including the collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawee or payee bank on which cheque..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Placement of order duly proved - Credit account of petitioner with the complainant also proved - Cheque dishonoured due to insufficient funds - Notice issued within 15 days from the date of receipt of information/communication from the Bank - Ingredients of the provision of S.138 of the Act fully..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note..........

Showing : 361-370 of 2901 Results