Showing : 1-6 of 6 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Can be tried as summons case when (i) there is denial of issuance of cheque; (ii) denial of signatures; (iii) or that there is no legally enforceable debt or liability - In such cases proper chances of defence has to be given to the accused - Magistrate shall record an order..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262- - Dishonour of cheque - Adoption of summons case procedure instead of summary trial - Held, it is incumbent on all Magistrates to commence proceedings in respect of offences u/s.138 of N.I. Act by adopting summary trial procedure contemplated u/s.262 of Cr.P.C. - Adoption of procedure contemplated..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Exercise of power by High Court - Held, proceedings u/s 138 of NI Act are summary in nature - Accused has to disclose to Court of MM his defence - Court of MM is competent enough to decide whether accused is liable to be convicted u/s 138 NI Act or not..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be..........
CHHATTISGARH HIGH COURT
Year of decision: 0200
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245(2)-- Dishonour of cheque - At the time of taking cognizance Court is required to consider the material adduced on behalf of the complainant as to whether the same is sufficient for taking cognizance or not - Court is not required to consider the case of defence - However, after taking cognizance of..........

Showing : 1-6 of 6 Results