Showing : 11-20 of 255 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Cross-examination of complainant - Complaint u/s 138 of N.I Act - Cross-examination of complainant is closed by Court - However, one opportunity is granted to petitioner in an application u/s 311 Cr.P.C to cross-examine complainant - But petitioner again sought time to extend cross-examination -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the complainant - Held,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506-- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I Act against..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in default of payment..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - Concurrent running of sentences - Three complaints u/s 138 of N.I Act - Single loan transaction - All the three transactions took place within a span of one year and came to be dealt with finally by trial Court as well as Apex Court on a single date - Benefit of S.427 Cr.P.C..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of opportunities having..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........

Showing : 11-20 of 255 Results