Showing : 171-180 of 974 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by..........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138(b)-- Dishonour of cheque - Notice - Complainant working abroad at the time of issuance of notice - Instructions can be given to counsel over telephone or in writing or through electronic media, to issue notice...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Typographical error in cheque number in demand notice - Error does not mitigate the situation as accused did not dispute his signature on cheque - Such mistake cannot be said to be material as amount covered by cheque is correctly recorded in statutory notice - Conviction..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Failure to disclose the date of service of notice upon accused though fact of sending notice as per registered post mentioned - Held, non disclosure of service of notice does not render the complaint and further the summoning order illegal - Complaint must contain..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Acquittal of accused merely on ground that actual service of notice on accused was not proved by producing Postman who could have stated that accused refused to accept notice - Held, acquittal not proper - S.138(b) only requires giving of a notice in..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Complaint - Trial - At stage of serving notice u/s.251 Cr.P.C., except questioning him and recording his answer, till stage of listing case for final arguments, accused has not been given any opportunity to explain what defence he has to make for circumstances appearing..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by co-operative credit society - Accused issued cheque in question in capacity of Chairman of society - Resignation of accused from post of Chairman subsequent to issuance of cheques - Held, such resignation would not dilute his primary liability to answer as drawer..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held, continuance of proceedings in..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of payment of interest - Validity - Held, S.138 of N.I. Act does not envisage payment of interest and even if interest is not paid, complaint u/s.138 of the N.I. Act cannot be filed - Yet, simply because demand of payment of interest was also made in notice, it would not lose its..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177-- Dishonour of cheque - Complaint - Territorial jurisdiction - All the acts i.e. handing over of cheque to payee i.e. Respondent was at Kolkata - Cheque was drawn at IDBI Bank having its branch at Kolkata - Cheque was dishonoured by earlier said branch at Kolkata - Drawer of cheque in spite of..........

Showing : 171-180 of 974 Results