Showing : 331-340 of 2782 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive sentence - Moreover when..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held, statement on affidavit is..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not sent within 15 days of receipt of information from the bank regarding the return of cheque unpaid - It was a mandatory requirement - Conviction recorded by two courts below set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Handwriting expert - Signatures admitted but handwriting denied - Reply not given to the demand notice - Thereafter accused took plea of loss of cheque - Held, defence of accused can be considered at time of final adjudication of matter - Application of accused merits..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Three cheques issued on three different dates and cheques dishonoured on three different dates and three separate statutory notices issued in respect of dishonour of each cheque - Not a single transaction - Three separate complaints are maintainable...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65-- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by affixation is a valid mode of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Many accused - Some not appearing - The whole purpose of summary trial shall stand defeated if accused who are served are asked to come to Court repeatedly till the other accused are served - Plea of accused to be recorded on the day of his appearance and if that accused gets..........

Showing : 331-340 of 2782 Results