Showing : 91-100 of 238 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was any false inducement on part of petitioners - Cheques were..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91-- Dishonour of cheque - Production of document - Requirement - Held, the first and foremost requirement of S.91 Cr.P.C. is about the document being necessary or desirable for the purpose of trial of the case u/s.138 of NI Act - No roving enquiry can be allowed to be undertaken into the matter by..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Expeditious trial - Petitioner No.2 was quite negligent and callous in her attitude and failed to avail numerous opportunities granted to her to adduce evidence - Held, question of allowing her further opportunities to adduce evidence does not arise - Regarding petition filed..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already adduced by..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Trial - Summary trial - Successor Magistrate decided case on basis of substance of evidence recorded by his predecessor - Legality - Held, he was not in a position to appreciate evidence properly and decide case effectively - S.326(3) CrPC does not permit Magistrate to act..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though there was an..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Conviction - Sentence of fine - Power of Magistrate - Held, in view of conferment of special power and jurisdiction upon 1st class Magistrate u/s.143 of N.I. Act, ceiling as to amount of fine stipulated in S.29 (2) CrPC removed - In regard to any prosecution for offences..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Presentation of cheque beyond validity period - Cheque was drawn on 23rd November, 2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on 23.05.2003 i.e. one day..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Complaint - Issuance of process - Procedure to be followed - Held, for purpose of issuing process u/s.200 CrPC it is open to Magistrate to rely upon verification in form of affidavit filed by complainant in support of complaint u/s.138 of N.I. Act and Magistrate is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........

Showing : 91-100 of 238 Results