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Showing : 701-710 of 1637 Results

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Application filed by accused for sending cheque in question for examination to Forensic Science Laboratory rejected - Validity - Held, accused deserves an opportunity to adduce evidence in defence or to rebut statutory presumptions available in favour of complainant in trial u/s.138 of NI Act -..........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held, averments were sufficient..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138,142(2) -- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a complaint filed before the..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complaint and oral evidence of appellant/complainant are silent as to date of receipt of notice by accused - Reply notice sent by respondent/accused was not marked - It is not stated in reply notice that when accused received notice - Held, it cannot be presumed on what date notice..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not choose to file reply to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint - Issuance of process - Procedure to be followed - Held, for purpose of issuing process u/s.200 CrPC it is open to Magistrate to rely upon verification in form of affidavit filed by complainant in support of complaint u/s.138 of N.I. Act and Magistrate is not obliged to call upon..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint - Starting point of limitation period - Held, presumption of `deemed service' should be drawn reckoning the date on which sender of notice was notified that notice has not been served and hence limitation for filing complaint should commence from the date of deemed service; namely,..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Modification of - Five cheques amounting to Rs.4,37,500/- got dishonoured - Sentence of 8 months period of SI imposed on accused - Held, it is on the higher side - Sentence of SI reduced from 8 months to 6 months - Penalty of a sum of Rs.2,000/- imposed on accused is waived -..........

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter case - Quashing of proceedings - Issuance of cheque by "V" for supply of products - Cheque was handed over to complainant by "S" on behalf of accused being his business associate - After 8 days of issuance of demand notice "V" moved an application u/s..........

Showing : 701-710 of 1637 Results