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Results of 138 n i act cases

Showing : 31-40 of 127 Results

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...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Jurisdiction - Complaint ordered to be returned to be filed in the Court within whose jurisdiction drawee bank is located as evidence u/s 145(2) of the Act has not commenced by following the law laid down by Supreme Court in case Dashrath Rupsingh Rathod reported in 2014(3) Civil Court Cases 814..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........

KARNATAKA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cases u/s 138 of Act are to be treated as a separate class of quasi criminal cases governed by special procedure prescribed u/ss 142 to 147 of N.I. Act - It is only if the said provisions are silent, provisions of Cr.P.C. may be applied as far as may be warranted...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 --- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has jurisdiction to entertain..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has jurisdiction to entertain and..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pending cases - This judgment is applicable to complaints that may be filed after its pronouncement - However, complaints in which recording of evidence has started as envisaged u/s 145(2) of the Act will continue to proceed at the place where it is pending - All other complaints..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........

Showing : 31-40 of 127 Results