Showing : 91-100 of 262 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque- Cognizance of offence - Challenge to - Cheque dishonoured on the ground that account was closed - Fact that account was closed, subsequent to giving of cheque, indicates petitioner's intention not to repay loan - Her intention to deprive complainant/respondent of her rightful..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Summary trial or summons trial - When it is summons trial without an order, it would be presumed that it appeared to Magistrate that sentence of imprisonment may be of more than a year...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Trial other than summary trial - It can be at the commencement or in the course of summary trial - A case can be tried as summons trial when it appears to Magistrate that sentence of imprisonment may be of a period more than a year - Order to try a summary trial as a summons..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Complaint be tried as summary trial and in a summary trial sentence cannot exceed one year - When it appears that sentence may exceed one year then complaint can be tried as a summons case - Decision to try complaint as summons case can be taken after hearing parties at the..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Can be tried as summons case when (i) there is denial of issuance of cheque; (ii) denial of signatures; (iii) or that there is no legally enforceable debt or liability - In such cases proper chances of defence has to be given to the accused - Magistrate shall record an order..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372- - Dishonour of cheque - Acquittal - Appeal by Complainant to High Court - Held, propriety requires that appellant/complainant should have gone to Sessions Court first and only if thereafter, if aggrieved, he should have approached High Court - Appeal returned for presentation before Court of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque presented at place `A' and information of dishonour received at place `A' - Held, Court at place `A' has jurisdiction...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Sentence - Accused sentenced with two years simple imprisonment with compensation of Rs.1.10 lacs and the same maintained by Appellate Court - At the time of suspension of sentence accused deposited a sum of Rs.55 thousand and the same was withdrawn by the complainant and the..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401-- Dishonour of cheque - Finding recorded by trial Court and confirmed by Appellate Court - Finding needs no interference in revision...........

Showing : 91-100 of 262 Results