Showing : 21-30 of 272 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138-- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and quite apparently intended to protract the pending..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Amendment of complaint to make correction in the cause title of complaint - Application dismissed - Correction sought in the cause title of complaint to be specific in the name of accused - Omission to mention name in the complaint exactly as given in the bank account appears..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Right of accused to cross-examine complainant - Accused remained dormant for a considerable period despite appearance of complainant, as such, Court cannot excuse deliberate omission of accused - However, for doing real and substantial justice qua both parties, High Court..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to deposit said amount...........

Showing : 21-30 of 272 Results