Showing : 691-700 of 3791 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 145(1)-- Dishonour of cheque - In case trial u/s 138 of Act is conducted in a summary manner and evidence is given by complainant by way of an affidavit, which is sufficient to prove the offence - Evidence is not required to be given again in terms of S.145(1) of Act and same has to be read during trial...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 106-- Dishonour of cheque - Burden to prove - When it is within the knowledge of accused as to why he is not to face the trial u/s 138 of Act, he is to take plea of defence and burden cannot be shifted upon complainant - No presumption, therefore, can be drawn that even if accused has failed to bring..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138-- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other date - Since case..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of conviction and sentence..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint - Acquittal of accused on the ground that complainant failed to take steps to secure presence of accused - Warrant of arrest issued - Warrants not executed by police - Complainant cannot be held responsible for failure of police to arrest accused -..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such money,..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23-- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such money,..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251-- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of complaint in question...........

Showing : 691-700 of 3791 Results