Showing : 391-400 of 727 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of missing cheque and that no transaction took place between complainant and accused and that there is no whisper in the complaint for what purpose the cheque was issued - Held, the burden is on accused to prove that no such cheque was issued which can only be rebutted..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court below - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar relate to disputed..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265-- Dishonour of cheque - Trial - Recording evidence by Court upon a preliminary objection - Held, in the NI Act, 1881 or in the provisions of Ss.262 to 265 of the Code there is no provision for recording evidence by Court upon a preliminary objection taken by an accused - A provision which does not..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Revision - Concurrent findings - Held, in revision High Court will interfere with concurrent findings recorded by both Courts only if they are perverse or not based on evidence - In the instant case, findings recorded by both Courts below are after thoroughly..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque for sum of Rs.1,00,000/- issued by accused in favour of complainant alleged to have been returned uncashed with remark `account closed' - Absence of examination of complainant u/s 254 CrPC - Held, it cannot be said that there is any evidence..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Directors - Merely on the basis of Form No.32 it cannot be concluded that a Director resigned before the cheque in dispute was issued - Resignation of a Director, passing resolution by Company to accept resignation and intimation to Registrar of Companies are the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Concurrent finding of fact - Interference therewith - There are concurrent findings of both the courts below that petitioner issued the cheque in discharge of legally enforceable liability which was dishonoured on account of "insufficient funds" - No such perversity or..........

Showing : 391-400 of 727 Results