Showing : 81-90 of 134 Results

KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is available only when it is proved that cheque was drawn by the accused - Court can decide this only from evidence produced on record as to whether cheque was filled by accused or by the complainant under instructions of accused..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint under section 138 of the Act - Cheque alleged to be forged before filing complaint - Accused lodged complaint under sections 464, 468, 389, 420 r/w section 511 IPC - Bar under Section 195(1)(b)(ii) is not applicable - In the interest of justice both matters ordered..........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant can voluntarily drop any or all of the accused persons - For wrong implication Magistrate may pass observations or strictures while finally deciding the matter - Magistrate may also initiate proceedings under S.211 IPC or S.340 Cr.P.C...........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29-- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of Rs.1, 50,..........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - It is not a case instituted otherwise than on complaint - Provisions of S.258 not attracted...........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay compensation for..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post and UCP (Under Certificate of posting) - Notice sent as per registered post returned unserved - UCP did not return - Pleading in complaint viz. 'Hence, it is presumed that U.C.P. has been received by the accused' - Held, it is sufficient to hold that..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Notice - Sent as per registered post at a correct address - Notice received back with postal endorsement `Not available' - Accused not stating that notice was sent to a wrong address or that he has not managed to return the notice or that he was out of station during that period - Held, it is due..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 145(2), 138-- Affidavits - Evidence of prosecution as well as evidence of accused and defence witnesses can be taken on affidavit - In case evidence is taken on affidavit then after an application is made by other party under sub-section (2) of S.145, it is not necessary to again record examination-in-chief of..........

Showing : 81-90 of 134 Results