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Results of cheque complaint 138 quashing

Showing : 41-50 of 225 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint despite basic averment as to in charge and responsible for conduct of business of company - Held, High Court may in a given case on an overall reading of complaint and having come across some unimpeachable evidence or glaring circumstances come to a..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint despite basic averment as to in charge and responsible for conduct of business of company - Complaint cannot be quashed merely on the ground that apart from basic averment no particulars are given in the complaint about his role, because ordinarily the..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed,..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Even `Stop payment' instructions issued to bank are held to make a person liable for offence punishable u/s 138 of the Act - Whether complainant had failed to discharge its obligation or not is a matter of evidence - Order quashing complaint set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea of loss of cheque book and that cheque in question is misused by complainant - It is a disputed question of fact which can be decided only after parties lead evidence - Such a question not open for decision in proceedings u/s 482 Cr.P.C...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen..........

DELHI HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Allegations in the complaint have to be accepted on the face of it and the truth or falsity cannot be entered into at this stage...........

Showing : 41-50 of 225 Results