Showing : 1-10 of 3875 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 143A-- Dishonour of cheque - Provision of S.143-A coming into force on 01.09.2018 is prospective in nature - Interim compensation can be ordered to be paid if offence was committed after introduction of said provision...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 143A-- Dishonour of cheque - Interim compensation - Failure to pay - Recovery - Can be recovered as arrears of land revenue...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and subsequent one,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Amendment of provision of S.148 by Act 20 of 2018 coming into force on 01.09.2018 - Such amended provision is applicable to a complaint u/s 138 of the Act filed even prior to coming into force of the amended provision...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as the amended provision of..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand for payment of amount of cheque by sending notice in writing is sine qua non for filing such complaint...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Omission or error in mentioning nature of debt or liability in notice does not render notice invalid, as there is no statutory mandate that notice shall narrate the nature of debt or liability...........

Showing : 1-10 of 3875 Results