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Results of 138 ni act

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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Accused company that is the drawer, based in Kanpur issued cheque on the drawee bank which is also placed in Kanpur - Payee company i.e. complainant having branch office at Kanpur but corporate office at Gurgaon - Cheque in question was presented for collection at Gurgaon - Held,..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313, 386(b)(i) -- Dishonour of cheque - Accused convicted - Appeal against - Statement of accused not recorded u/s 313 Cr.P.C. - Conviction set aside - Case remanded to proceed after recording statement of accused - Plea of acquittal for non compliance of mandatory provision - Held,..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Components of the offence are : (1) drawing of the cheque, (2) presentation of the cheque to the bank, (3) returning the cheque unpaid by the drawee bank, (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place where the bank of accused, which has dishonoured the cheque is situated cannot be regarded as the sole criteria to determine the place of offence - A place, for the purpose of invoking the provision of S.138 of the Act, depends on a variety of facts...........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - At the stage of entertaining complaint u/s 138 of the Act, Court is only required to arrive at a prima facie opinion as to the territorial jurisdiction, on the basis of the averments made therein, without launching into a fact finding mission as to their correctness or otherwise...........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Substantial part of cause of action arose within jurisdiction of Courts at Delhi - Complainant, a public limited company, having its registered and corporate office at Delhi - Cheque presented in a Bank at Delhi - Cheques were returned to complainant through its bankers at Delhi -..........

PATNA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B -- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque was issued in the name of company but complaint has been filed by one of the Directors who has not been authorized for that purpose - Quashing of complaint sought - Held, company is de jure complainant - It must associate a human..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Interference by HC when permissible - Held, HC in an appeal against acquittal can only interfered if trial court has committed any illegality in passing judgment or judgment is perverse - There is nothing on record to establish..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complainant admitted that he has received entire amount due from accused - In view thereof, Supreme Court quashed the complaint...........

Showing : 471-480 of 2977 Results