Showing : 1-7 of 7 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim..........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 145, 138-- Dishonour of cheque - Complaint - Affidavits - For the purpose of issuing process, evidence of complainant can be given by him on affidavit and can be read in evidence in any enquiry, trial or other proceeding - Court on application of prosecution or accused, summon and examine any person giving..........

Showing : 1-7 of 7 Results