Showing : 91-100 of 2812 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471-- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is still pending even after 5 years - Denial of speedy and expeditious trial constitutes harassment and violation of..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 118(a), 139-- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Application u/s 147 of NI Act made by parties after proceedings had been concluded before appellate Forum - Held, S.147 of NI Act does not bar parties from compounding an offence u/s 138 even at appellate stage of proceedings - No reason to reject the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque was issued for a legally enforceable liability after closure of account - Held, offence u/s 138 of NI Act is made out - Acquittal of accused liable to be set aside - Appeal allowed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held,..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out of same cause of action i.e. dishonour of cheques - Held, complaint..........

Showing : 91-100 of 2812 Results