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Results of delay 138

Showing : 11-20 of 117 Results

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay in filing complaint - For getting relief of condonation of delay, applicant is expected to show that there was `sufficient cause' for not filing the proceedings within the period of limitation...........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Handwriting expert - Receipt acknowledging receiving cheque amount - Complainant alleging it forged signatures - Delay in filing application as accused was absconding - However, getting signatures on receipt compared with admitted and specimen..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Evidence Act, 1872, Section 138 -- Cross-examination of PWs - Opportunity granted subject to payment of costs to be deposited within 15 days - Delay in deposit by 9 days - Delay explained in application for extension of time - Order declining extension of time set aside...........

DELHI HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 138 -- Cross examination - It is to be by the adverse party - Cross examination by a supporting party is of not much relevance - There is no real delay in seeking cross examination of the witness within one month of closing of cross examination of the witness - One last opportunity granted to petitioner to cross-examine the witness subject to..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Pre-mature complaint - Filed before expiry of 15 days from the date of receipt of notice - Complaint cannot be entertained, as drawer/accused cannot be said to have committed any offence till then - However, it is open to payee or holder to file fresh complaint within a month from the date of..........

DELHI HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of cheque - Joint trial - Dishonour of seven cheques - Five complaints - Clubbing of complaints sought by accused after the right of cross-examine was closed - At this stage, it is evidence that application moved is not in expediency of a seedy trial but to further..........

Showing : 11-20 of 117 Results