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Results of 138 of n i act notice

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Showing : 161-170 of 1059 Results

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - Dropping of proceedings at notice stage cannot possibly be equated with recalling of summoning order...........

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - At the stage of framing of notice u/s 251 Cr.P.C. trial Court is not expected to function like a post office and to mechanically frame notice, but is rather bound by law to apply its mind to find out whether prima facie case is made..........

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Framing of notice u/s 251 Cr.P.C. - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioner be not insisted upon by trial Court upon his filing an application u/s..........

MADHYA PRADESH HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........

KERALA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - If payee or holder in due course of cheque establish despatch of notice on correct address of drawer, pursuant to dishonour of cheque and before expiry of period of 30 days, statutory requirement of demand by giving notice within statutory period stands established...........

MADRAS HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........

DELHI HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on point of framing of notice u/s 251 CrPC are concluded, personal appearance of petitioner may be dispensed with on filing of appropriate application - Delaying proceedings before trial court will take..........

KERALA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Defective notice - Name of Bank mentioned wrong - Not fatal unless it is proved by accused that there was some other transaction between accused and complainant and there were other cheques also given and defect in the name of bank or number of cheque shown has caused prejudice to him so as to..........

MADRAS HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........

Showing : 161-170 of 1059 Results