Showing : 21-30 of 3920 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482-- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent jurisdiction of High..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Amendment of provision of S.148 by Act 20 of 2018 coming into force on 01.09.2018 - Such amended provision is applicable to a complaint u/s 138 of the Act filed even prior to coming into force of the amended provision...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as the amended provision of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Petitioner not drawer of cheque - Proceedings cannot be continued against petitioner...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of accused that there is no specific averment in complaint that cheque was issued in discharge of amount allegedly borrowed by him from complainant - Plea not acceptable as there is no requirement that complainant must specifically allege in complaint that there was..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Service of notice of demand - Is a condition precedent for filing complaint for offence u/s 138 of the Act...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand for payment of amount of cheque by sending notice in writing is sine qua non for filing such complaint...........

Showing : 21-30 of 3920 Results