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Showing : 681-690 of 2124 Results

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of overwriting of date of cheque 1.7.2013 to 1.7.2014 - Cheque - This is a matter of fact which can be contested only before the trial Court - At this stage no cogent evidence/ground to disbelieve the statement of complainant given on oath before Court in support of his complaint - No ground to..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa) -- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Bank account number of complainant and e-mail ID of accused - In every complaint u/s 138 of the Act, it may be desirable that complainant gives his bank account number and if possible e-mail ID of accused - If e-mail ID is available with Bank where accused has an account, such Bank, on being..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons - In every summons, issued to accused, it may be indicated that if accused deposits the specified amount, to be assessed by Court having regard to the cheque amount and interest/cost, by a specified date, accused need not appear unless required and proceedings may be closed subject to any valid..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount by accused indicated in the summons - If accused complies with such summons and informs Court and complainant by e-mail, Court can ascertain the objection, if any, of the complainant and close the proceedings unless it becomes necessary to proceed with the case - In such a situation,..........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - Admission of signing a blank cheque leaf - Accused did not admit that he received any amount from the complainant or that he issued the cheque to the complainant - Held, complainant is bound to adduce evidence to prove execution of cheque...........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution - Proof - By suggestion in cross examination - Not sufficient proof - A party should not leave to the cross examiner proving a fact by suggestion which the former should prove by his evidence - Held, difficult to hold that complainant has proved execution of cheque...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Business transaction - Accused had no transaction with complainant firm - In fact, accused was having business dealing with proprietor concern of son of complainant - Neither complainant pleaded in his complaint that accused issued cheque in discharge of liability of third person with proprietor concern..........

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