Showing : 21-30 of 79 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down u/s 200 Cr.P.C...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Cheating - Offence by company - Liability of office bearers - Held, S.141 of N.I. Act does not absolve company from its liability, if cheating has been done by its office bearers at any point of time - But at same time, current office bearers are saved from any criminal..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421, Indian Penal Code, 1860, Section 64-- Dishonour of cheque - Sentence in default of payment of compensation - Held, Court can impose sentence in default of payment of compensation - Plea that only recourse can be had to S.421 of the Code for enforcing the order of compensation rejected...........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482- - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to submission, that statutory..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 417, 420-- Dishonour of cheque - Cheating - Proof - Complainant stated that accused cheated him by not making payment of money within time - There is no iota of evidence adduced by complainant that on date of issuance of dishonoured cheques accused knew the fact that in her account there was no such amount..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all these defences can be put forth and considered during trial -..........
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..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out of same cause of action i.e. dishonour of cheques - Held, complaint..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings u/s 420 IPC - As per evidence on record, no intention of cheating is made out - Even, in course of their business transaction, orders were placed, goods were supplied, money was paid, but, at end some money found due - Effort made by accused..........

Showing : 21-30 of 79 Results