Showing : 1-10 of 262 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Plea of giving blank cheque - In a complaint of dishonour of cheque complainant merely has to prove that a signed cheque was given by accused - Whether cheque was filled in by petitioner or by complainant is an immaterial fact - Order rejecting application..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165-- Dishonour of cheque - Case posted for final arguments - Change of counsel not a reason for not rendering document in question earlier - Application rightly rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165-- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as such no indulgence can be granted u/s 311..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Sole Proprietorship firm - Petitioner made an accused through firm and not in her individual capacity - As petitioner is sole proprietor and she had issued cheque is liable to be proceeded u/s 138 of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3)-- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Cross-examination of complainant - Complaint u/s 138 of N.I Act - Cross-examination of complainant is closed by Court - However, one opportunity is granted to petitioner in an application u/s 311 Cr.P.C to cross-examine complainant - But petitioner again sought time to extend cross-examination -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138-- Dishonour of cheque - Cross-examination of complainant closed after giving various opportunities to accused - Accused submitted that for the act of his counsel, he cannot be made to suffer, as without cross-examination of complainant he will be left defenceless and shall have no remedy - Taking..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251-- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of application for clubbing of..........

Showing : 1-10 of 262 Results