Showing : 1-10 of 256 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Application for dropping proceedings qua petitioner - Proprietor/firm is one of accused in proceedings - Same is represented through petitioner as being its proprietor - Claim of petitioner to drop proceedings against him is without any merit when cheque in question is issued..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 145-- Dishonour of cheque - Determination of age of ink - No scientific accurate test is available for determination of age of ink - Petition dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, 256-- Dishonour of cheque - Death of complainant - Impleadment of L.R's - In a summon case, upon death of complainant Court can permit LR's to continue compliant...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in default of payment..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint against `A' & `B' - `A' acquitted but `B' convicted - Acquittal of `A' attained finality as no appeal was filed by complainant - In appeal filed by `B' judgment passed by trial Court set aside and direction issued that after `B' and complainant appear before trial..........

Showing : 1-10 of 256 Results