Showing : 31-40 of 255 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of complainant and order of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce complainant for evidence..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant and accused No.1 both are companies and no record in respect of loan allegedly given by complainant company to accused company has been produced - Even, complainant company cannot advance short term loan to accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 401(4)-- Dishonour of cheque - Acquittal - It is special leave to appeal and not revision which is maintainable against order of acquittal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - As per complainant, accused took Rs.3 lakh from him as friendly loan from time to time for his household need, but complainant failed to prove source of such huge amount - Even, statement of complainant is contradictory to version given in complaint -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to order of acquittal..........

Showing : 31-40 of 255 Results