Showing : 11-20 of 98 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 133, 137, 138-- Proceedings u/s 133 Cr.P.C. - Once respondent appeared and filed objections denying the existence of pubic right, duty is cast on SDM to conduct enquiry u/s 137 Cr.P.C. and to record finding as towhether denial of public right is bona fide or not - If SDM is satisfied that denial is bona fide and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Merely because complainant opted to file a civil suit for recovery, it cannot be said that he was not legally competent to file a complaint u/s 138 of the Act - Compliant rightly filed by complainant...........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 417, 418, 120B-- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Plea that non performance of contract tantamounts to breach of contract and dispute is of civil nature, cannot be allowed..........
DELHI HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Jurisdiction - Complaint ordered to be returned to be filed in the Court within whose jurisdiction drawee bank is located as evidence u/s 145(2) of the Act has not commenced by following the law laid down by Supreme Court in case Dashrath Rupsingh Rathod reported in 2014(3)..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138--- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - If mediation agreement reaches criminal court agreeing to settle issue on certain terms, criminal court cannot rely on that agreement and pass a civil decree - But can only on the basis of evidence either convict or acquit accused and if case is compoundable then..........

Showing : 11-20 of 98 Results