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ORISSA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Only averment against Director is that he being Director is jointly and severally responsible for offence committed u/s 138 of the Act - There is absence of specific averments as required in consonance with S.141 of the Act - Averments against Director is vague and does not..........

KERALA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned unserved/unclaimed - Date of service of notice - It is the date when complainant received the returned notice or was so informed by the postal authority and not the date when postman made endorsement that addressee refused or returned the postal article unclaimed...........

KERALA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Complaint filed without waiting for expiry of 15 days from date of due receipt of notice - Complaint thus, filed before date of occurrence of cause of action - Such a premature complaint is not maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Evidence Act, 1872, Section 138 -- Cross-examination - Refusal to cross examine on the ground of pendency of revision against an earlier order - No stay was granted therein - Mere pendency of revision is no ground to refuse cross examine - Cross examination rightly treated as `Nil'...........

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 Court it shall pass a fresh..........

MADRAS HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Three complaints u/s 138 of N.I Act - Single loan transaction - All the three transactions took place within a span of one year and came to be dealt with finally by trial Court as well as Apex Court on a single date - Benefit..........

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..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........

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..........

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 permitted accused to..........

Showing : 411-420 of 5315 Results