Showing : 61-70 of 725 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
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..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the issuance of notice - Drawer when denies his liability itself and says "No payment" then there is no purpose in waiting for the completion of 15 days - Contention that complaint is not maintainable,..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time is maintainable even when demand notice was issued when cheque was dishonoured for the first time...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of complaint and summoning order - In the instant case, cheques relating to bank account of accused got dishonoured when presented in bank under direction of accused - Even, thereafter on service of legal notice within time amount of cheque was not paid - Therefore,..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319-- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were issued by company,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Jurisdiction - Mere sending of demand notice cannot confer any territorial jurisdiction on Court to take cognizance and try a complaint under the Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Debt or legal liability - Presumption - Evidence on record established that accused was under an obligation or liability to make payment of cheque amount - However, accused failed to make payment of said amount despite service of demand notice - Accused tried to prove no,..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Complaint of stealing cheque and filling the amount - Criminal complaint a counter blast to the notice of dishonour of cheque upon which a summoning order has been passed - Proceedings clear abuse of the process of law - Proceedings quashed...........

Showing : 61-70 of 725 Results