LawMirror.com

Results of 138 complainant

Andriod Application iphone Application

Showing : 741-750 of 1643 Results

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Procedure to be followed - Held, when a case is tried as summary case, Magistrate who succeeds Magistrate who had recorded part or whole of evidence cannot act on such evidence recorded by his predecessor - In present case, it is not in..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) Dishonour of cheque - Notice - Return of first notice with endorsement `Door locked and left' - Issued another notice after collecting correct address beyond prescribed period - Notice is invalid and cannot be treated as continuation of first notice - Proviso (b) to S.138 of the Act provides only issuance of one..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326 -- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Complaint - Dismissal for default - Complainant not decided on merit due to absence of complainant and his advocate - Held, opportunity of hearing is required to be given to complainant to contest complainant on merits - Impugned order of dismissal of complaint liable to be set aside subject to payment..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond limitation - It is incumbent upon complainant to file complaint petition within one month from the date on which cause of action arose - Court below took cognizance in violation of provision of S.142 of NI Act - Order taking cognizance quashed...........

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........

KERALA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant did not see accused filling up cheque or signing thereon - Signature on cheque in question is seen indecipherable as ink used for signing is seen spread on said instrument - No other witness was examined to prove due execution of cheque or passing of consideration - No..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........

Showing : 741-750 of 1643 Results