Showing : 51-60 of 2812 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 300(1), 482-- Quashing of proceedings - Double jeopardy - Initiation of two separate proceedings in respect of same transaction i.e. one u/s.138 of NI Act and also u/ss 420, 408 of IPC against same person - Held, it does not amount to double jeopardy since ingredients of both offence are different though they..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9-- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be concluded that while..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down u/s 200 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any material particulars..........
SIKKIM HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because compromise agreement has..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque returned with endorsement `refer to the drawer' - Held, prima facie an offence punishable u/s.138 of NI Act is made out when cheque is returned with endorsement `refer to the drawer'...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and not for entertaining appeal - Held, Appellate Court was..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Appellant sold his crops to respondent and respondent, in lieu of payment, handed over cheque amounting to Rs.80,000/- which got dishonoured - Respondent did not appear in witness box to rebut presumption in favour of appellant - Held, respondent guilty..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 4, 5-- Dishonour of cheque - Complaint - Special procedure - Held, Ss.4 and 5 of Cr.P.C. would clearly require special procedure prescribed under amended provisions of NI Act to take precedence over procedure prescribed under Cr.P.C. - It is only where provisions of Chapter XVII are silent as regards..........

Showing : 51-60 of 2812 Results