Showing : 601-610 of 4020 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence for which accused charged is not `stricto sensu' be termed to be an offence against State - Entire amount of compensation deposited by accused - Complainant is not interested to pursue the complaint and..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - If blank cheque was issued by drawer and after signing, then S.20 of the Act will have no application - Even, blank cheque filled up by holder is a valid instrument in eyes of law - As old ink used by a person to fill up contents of cheque, no useful purpose..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - Notice sent to accused both by registered post and under certificate of posting - Notice sent under certificate of posting was not returned but notice sent by registered post returned with postal endorsement `not claimed' - Held, notice was properly served to..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant proved that cheque was issued towards discharge of liability - Burden shifts on accused to show that no consideration was paid or cheque was not issued by him - Accused stated that cheque was issued to some other person and said person was not examined - Nothing..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce complainant for evidence..........
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 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 - 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..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 9-- Dishonour of cheque - Holder in due course - Purchaser of cheque is a holder in due course and it is not necessary that in favour of purchaser of cheque, there should be an indrosement also - Complaint u/s 138 of the Act by such holder in due course is maintainable...........

Showing : 601-610 of 4020 Results