Showing : 71-80 of 182 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Complainant gave evidence regarding payment of amount to accused and issuance of cheque by accused - Defence of accused that he had no financial transactions with complainant and he never issued a cheque to accused - Held, it is for accused to..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction and sentence - Interference with - Courts below on appreciation of evidence have come to the conclusion that offence u/s 138 is a made out - Findings are essentially on facts - It is not shown that findings are based on misappreciation of evidence in the case nor..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Held, parties, in reference to offence u/s 138 r/w S.147 of NI Act are at liberty to compound the matter at any stage even after dismissal of revision application - Even a convict undergoing imprisonment with the liability to pay the amount of fine..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Amount of Rs.50,000/- involved - Accused was convicted and sentenced to one month simple imprisonment and pay compensation of Rs.5000/- - Accused showing willingness to pay amount of compensation awarded by Court below within a period of ten days -..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Compensation - No opportunity of being heard was given to petitioner before awarding compensation of Rs.1,50,000/-, i.e., double the cheque amount - Held, court did not consider the relevant factors while awarding such a big amount of compensation -..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Compensation was awarded to the tune of Rs.1,65.000/- while cheque amount was Rs.1,14,500/-, i.e.,Rs.50,000/- was added to for the reason, however, not mentioned at all - Held, petitioner should be given an opportunity of being heard only on the point..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Modification of sentence - Sentence imposed against accused as modified by Sessions Judge is imprisonment for a day directing payment of compensation of Rs.7,50,000/- with default term of simple imprisonment for three months - Complainant has not stated in her..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Compensation - Can be awarded only when sentence does not include fine but only imprisonment...........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Abeyance of - Prayer for extension of time to pay compensation awarded by Court below - Cheque is dated 30.05.2007 and sum covered by instrument is Rs.90,000/- - Held, such being the case, normally, further extension of time cannot be granted -..........

Showing : 71-80 of 182 Results