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Results of 138 of n i act notice

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DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........

PATNA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Application for discharge - Dismissal of - Validity - Plea of accused that notice was not served to him within 30 days of communication of dishonour of cheque - Complainant's stand that notice was sent to accused at his address, but fully knowing well about notice sent to him through..........

CALCUTTA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Condonation of delay - Validity - Delay of 15 days condoned without hearing petitioner and accused persons and even without making any order of issuance of notice - Held, there has been a complete violation of principles of natural justice - Order impugned cannot be sustained and is..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner is a beneficiary and guarantor has issued cheque in question - He has not made any arrangement for depositing sufficient funds in bank - When cheque was presented it was returned as "funds insufficient" - Even after..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner's main contentions is that there is no legal and subsisting liability - Furthermore, complaint has been filed in the year 2006 and petitioner has come forward with quash petition on 18.05.2010 - Held, petitioner is trying to..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of second notice - Earlier notice was issued but complaint not filed - Complaint on the basis of issuance of second notice not maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Applicability of S.202 of CrPC - Jurisdiction of Court - Choosing of - Held, complainant can choose any one of the court having jurisdiction over any one of the local areas in which any one of the five acts i.e. drawing of cheque, Presentation of cheque to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........

DELHI HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Concurrent finding by Courts below on the issue of fact that appellant had issued cheques against a liability and cheques were dishonoured and petitioner failed to pay amount despite demand notice - Both Courts had considered defence taken by petitioner that cheques were not..........

Showing : 441-450 of 1059 Results