Showing : 61-70 of 269 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 20-- Dishonour of cheque - Sending cheque to FSL to ascertain writing on the cheque - Plea of signing blank cheque - Signatures not disputed - If signature on cheque not disputed then filling of instrument by other person is of no consequence - Cheque not required to be sent to FSL - Cheque can be..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence evidence - No reason..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary procedure - If procedure of summary trial is strictly adhered to by trial Court irrespective of complexities involved in the case, it is accused who is likely to be prejudiced as only substance of evidence would be record and right of extensive cross-examination..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary procedure - Trial Court adopted procedure of a summons case while trying the matter - No request was made by accused for trying the case in a summary manner - Moreover, no prejudice is shown to have been caused to accused - Plea raised by accused before appellate..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4-- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for refusing to extend..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4-- Dishonour of cheque - Mere offer of accused to reimburse the cheque amount cannot be considered as obliging complainant to compound the offence but same would definitely have a bearing on sentence to be passed - In the instant case, action of complainant in not accepting the offer of accused to..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 3, 12-- Dishonour of cheque - Compromise between parties - Accused is Government employee and has already paid cheque amount - Moreover, he is not a habitual offender - Thus, benefit of Ss.3, 12 of 1958 Act, can be extended to accused so that impugned judgment will not affect his future in any way -..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Notice - Demand notice is not required to be served upon each and every partner - It is sufficient if notice is served upon the firm...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As..........

Showing : 61-70 of 269 Results