Showing : 41-50 of 262 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit amount of fine - Condition to deposit amount of fine cannot be imposed while suspending sentence during pendency of appeal - Condition set aside being contrary to law...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397-- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Restoration of complaint dismissed for default - Magistrate has no power to restore complaint, as there is no specific provision in Cr.P.C. for restoration of complaint - Impugned order of restoration of complaint set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151-- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction in two cases - Complainant same in both the complaints - Sentence to run concurrently in both the cases...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay - Trial Court condoned delay of 61 days after recording its satisfaction about sufficient cause - Order calls for no interference...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Complainant not ready and willing to compound the offence - Application u/s 147 of the Act rightly rejected...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - When complainant is not ready and willing to compound offence, it cannot be compounded as per provision of S.147 of the Act - Therefore, S.147 of the Act only permits compounding of offence but there is no such intention of Legislature to compel..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appeal u/s 372 Proviso Cr.P.C. before Sessions Judge is not maintainable - Only remedy available to complainant is to seek special leave to appeal before High Court u/s 378 Cr.P.C...........

Showing : 41-50 of 262 Results