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KARNATAKA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........

DELHI HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner no.2 and another accused being authorized signatories to cheque in question, are liable for prosecution for dishonour of cheques - They got covered u/s 141(2) of the Act - Proceedings cannot be..........

MADRAS HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - General rule u/s 148 of the Act is of pre-deposit and waiver is only an exception for which special reasons need to be assigned...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioners that their bank account statements and their concerns to support the contention that they are not financially capable to make pre-deposit - Plea held, not tenable as mere balance of bank account cannot..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioner that he is neither a partner nor signatory to the cheque - Does not enhance the case for waiver of pre-deposit - No case is made out for waiver of pre-deposit - Petition dismissed...........

GUJARAT HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - As per averments made in complaint, accused nos.2, 3 and 4 i.e. present petitioners were incharge and were responsible for day to day business of company - Thus, basic averments as provided u/s 141 of the Act has been pleaded by complainant - Trial Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - FIR u/s 174-A IPC was registered in view of fact that accused was declared as proclaimed offender in proceeding u/s 138 of N.I. Act - Once main case u/s 138 of N.I Act was dismissed for want of prosecution,..........

Showing : 551-560 of 4214 Results