Showing : 41-50 of 651 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Culpability attached to dishonour of cheque can in no case "except in case of S.141 of N.I. Act" be extended to those on whose behalf the cheque is issued...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would examine the cheque - It is the duty of defence..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong cheque number - Wrong cheque number stated in the complaint is not end-all and be-all of the case - Other factors are also required to be seen to decide as to whether complainant has been able to prove his case...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan transaction - Complainant failed to prove its status as finance company, as no document was produced to prove such status - Moreover, cheque issued after a year later from the date of advancement of loan amount, which was not believable - Said lacuna is fatal to..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407-- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to try case - Therefore,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142A-- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Challenge to order taking cognizance and quashing of complaint - Factual matrix of case - Can be decided by trial Court and not by way of criminal misc. petition - Petition disposed off with direction to petitioner to take these objections before trial Court...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Issuance of process - Prima facie role of petitioner established on record and Magistrate issued process, as there is sufficient ground to proceed with case - Actual involvement of petitioner can only be ascertained after taking evidence and not at this early stage - There is..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3)-- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........

Showing : 41-50 of 651 Results