Showing : 41-50 of 52 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Compounding of offence - Dishonour of cheque - Accused convicted - Accused making payment of cheque - Acquittal cannot be recoded on this ground - Accused can be acquitted if parties arrive at settlement - In the instant case in view of peculiar facts of the case, Court itself recording settlement..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Complaint u/s 138 Negotiable Instruments Act and S.420 IPC - Accused summoned in offence u/s 138 only - Complaint dismissed for want of prosecution - Amounts to acquittal - Second complaint u/s 420 IPC not maintainable even if no summoning order was issued u/s 420 IPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138-- Preliminary evidence recorded and summons issued - Complaint dismissed in default on subsequent date - It has the effect of acquittal - Complainant has remedy of appeal - Revision not maintainable...........
DELHI HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138-- Complaint - Dismissal in default - In results into acquittal of accused - Remedy is that of appeal and not revision...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 378(4), 401(4)-- Acquittal by trial Court - Sessions Judge in revision convicted accused - Held, only an appeal against order of acquittal lies to High Court - No revision against such order is entertainable - Order passed by Sessions Judge is without jurisdiction - The same set aside...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 374(4)-- Acquittal by trial Court - Sessions Judge in revision convicted accused - Revision and not appeal is the remedy available - Appeal lies only if conviction is recorded by trial Court - Where conviction is recorded by Sessions Jude, not on trial, but in exercise of revisional powers, no appeal lies..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 378-- Dishonour of cheque - Complaint registered and process issued - On complainant's absence Court dismissed complaint and discharged the accused - Order passed by Magistrate must be construed as order of acquittal under S.256(1) and not of discharge - In such case remedy is to file appeal under..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Complaint fixed for examination of complainant and his witnesses - Complainant, witnesses and his counsel absent - Matter kept pending till 4 p.m. - Acquittal of accused in such circumstances by Magistrate - Sustainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(5)-- Dishonour of cheque - Complaint fixed for examination of complainant and his witnesses - Absence of complainant, witnesses and his counsel - Complaint dismissed - Revision dismissed by Sessions Judge on merits - Appeal against - No appeal lies against such an order - Even if it is construed as an..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Complaint - Acquittal - Appeal against - Where order of acquittal is based on irrelevant grounds and passed by totally ignoring acceptable evidence on record, High Court is justified in reversing such order of acquittal - Sentencing is a matter of Court's discretion - Where..........

Showing : 41-50 of 52 Results