Showing : 321-330 of 621 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141(2)-- Dishonour of cheque - Offence by company - Prosecution of Directors - Averments as to - Held, there should be clear averment in the complaints to the effect that A4 to A6 in all the cases were actually responsible for issuance of cheques concerned either as active participants of daily business of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138(b), 93-- Dishonour of cheque - Mode of service u/s 94 of the Act - Held, u/s 93 of the Act, notice is contemplated to be issued by holder of instrument in case of dishonour by no, payment to all parties whom holder of instrument seeks to make severally liable thereon and to some one of the several parties..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Liability of Directors - Averment in complaint are only to the extent that no, applicants Directors and/or officer in charge at all material times and also in day to day i, charge of affairs of Company - There is not even an averment that they are responsible to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Prosecution of its Directors - In case of a Director, complaint should specifically spell out how and in what manner the Director was in charge of or was responsible to the Company for conduct of its business and mere bald statement that he or she was in charge of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Legally enforceable debt - Complainant established his case that he lent Rs.1,10,000/- to petitioner on his request who agreed to repay - Plea of accused that he issued blank signed cheques to another person but complainant somehow managed to collect one of such cheques and..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482-- Petition to quash FIR - Counter FIR lodged which is counter to complaint of dishonour of cheque, alleging misuse of cheque - Quashing of - Held, when a counter FIR in relation to alleged misuse of cheque(s) is filed after bouncing of the cheques and initiation of proceedings u/s 138 of the NI Act..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Amendment of complaint to introduce a plea that fourth accused was incharge and responsible to the company for conduct of its business - Amendment if allowed, will result in substantial change in nature and character of the case causing serious prejudice to the fourth accused..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court below - Held,..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Repayment of loan - Complainant proved due receipt of cheque - Followed procedure laid down in S.138 of the Act - Bank Manager spoke that cheque was drawn on account of accused and the same was returned for the reason "insufficient funds" - Held, given the facts of the case,..........

Showing : 321-330 of 621 Results