Showing : 731-740 of 3791 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Accused `S' resigned from company on 16.02.2013 and Board of Directors accepted her resignation on 18.02.2013 and accused `N' tendered resignation on 21.02.2013 i.e. before cheque was issued and even this change was communicated to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Complainant a commission agent advancing loan to a farmer accused - Accused issued a cheque and same dishonoured - It is a matter of very common knowledge that Commission agents use to obtain such blank/undated cheques from farmers as security in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days of service of notice cannot be treated as complaint in eyes of law and criminal proceedings initiated on such complaint is liable to be quashed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Taking cognizance of offence after expiry of 15 days as stipulated u/s 138(c) of the Act does not cure legal defect of premature complaint - Continuation of proceedings against accused `A1' and `A2' not legally sustainable - Proceedings u/s 138 of the..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Quashing of complaint and summoning order - Where Director of company is arraigned as accused, then, Magistrate shall before taking cognizance in complaint against Director has to satisfy himself not only about existence of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262-- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262-- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372-- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Inadequate sentence - As per provision of S.138 of the Act, Court is competent to punish accused, who is convicted u/s 138 of the Act with imprisonment for a term which may extend to two years, or with fine which extend to twice the amount of cheque or with both - In the..........

Showing : 731-740 of 3791 Results