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Results of 138 negotiable

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ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Demand of other amount - If in demand notice other amounts is mentioned with the cheque amount in a separate portion in detail, said notice can not be faulted in a legal term of S.138 (b) of the Act...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........

ORISSA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of 20% of compensation amount - No perversity in discretion exercised by first appellate Court - Impugned order calls for no interference...........

GUJARAT HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........

CALCUTTA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made - Not endorsed on the instrument in compliance with the mandate of S.56 of the Act - Entire cheque amount cannot be said to be legally enforceable debt - Conviction set aside...........

Showing : 121-130 of 6459 Results