Showing : 81-90 of 138 Results

MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compounding of offence - Power of court - Held, even a convict undergoing imprisonment with liability to pay amount of fine imposed by Court and/or under an obligation to pay amount of compensation if awarded, as per scheme of N.I. Act, can compound the matter - Complainant..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Chairman & Directors - Summoning order - Case of complainant that all accused were in charge and responsible for the conduct of the business of the company - Held, all accused are liable under the Act - Revision against order summoning accused, dismissed...........
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..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Available only when it is proved that cheque was drawn by accused - To draw a cheque it must be prepared by the drawer himself or cause the relevant details in the cheque to be filled up by another person under his instructions but the cheque shall be..........
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...........

Showing : 81-90 of 138 Results