Showing : 21-30 of 264 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of discharge of loan but specific dates when loan was discharged not given - Accused did not explain as to under what situation and circumstances the cheque on presentation was dishonoured - Acquittal set aside - Accused sentenced to undergo SI for one month...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Complaint u/s 138 of the Act - Appeal against acquittal - Presumption - As per complainant, he advanced money to accused and filed complaint against him on account of dishonour of cheque - Complainant failed to show any income and expenditure record available with him -..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397-- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute offences u/s 406/420 IPC may have been laid out, it does not follow..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138 of Negotiable Instrument Act, and even if he is taken to have been..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372-- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But, if victim is different..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to..........

Showing : 21-30 of 264 Results