Showing : 1-10 of 13 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/ss 376, 342, 406 IPC and S.3 of SC & ST Act - Allegations and counter allegations is a debatable issue arising over the fact whether prosecution has been set up as counter blast to proceedings initiated u/s 138 NI Act which could only be adjudicated at the time of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438-- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 143, 145-- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bail - Offences alleged to have been committed u/ss 420, 406, IPC & S.138 of NI Act - Applicant is in jail since 09.04.2010 - Held, applicant has made out a case for bail - Applicant liable to be released on bail on his furnishing a personal bond and two sureties each in the..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Appeal against conviction - Bail granted during pendency of appeal - Stay of 50% of compensation amount of Rs.1.50 lakhs ordered - Order modified - On deposit of 1/3 amount of compensation recovery of the remaining amount of compensation (Rs.1, 00, 000/-) shall remain stayed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Accused convicted - Suspension of sentence during pendency of appeal - Rejected on ground that fine not paid - Held, accused entitled to bail till disposal of appeal subject to payment of fine...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438-- Transitory bail - Jurisdiction - Dishonour of cheque - Accused living at Chandigarh - Case pending before Court at Jaipur - Punjab and Haryana High Court granted transitory bail for 21 days - Punjab and Haryana High Court can grant anticipatory bail for transitory period...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2)-- Dishonour of cheque - Accused sentenced to 1 year RI and fine imposed Rs.3 lacs - On appeal, appellate Court suspended sentence subject to deposit of fine of Rs.1.5 lacs - In terms of S.357(2) Cr.P.C. recovery of fine cannot be started until the period for filing appeal has elapsed and in case..........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to impose a..........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bail - Condition imposed that 'prior to going out of India, accused to seek permission of Court' - No such condition can be imposed while granting bail in a bailable offence - Such condition set aside - Direction requiring petitioner to inform Court in writing regarding his..........

Showing : 1-10 of 13 Results