Showing : 451-460 of 727 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302-- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C. treating legal heir as complainant..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 138-- Cross examination - Defendant supporting case of plaintiff - Held, party which supports the case of plaintiff partially or fully must cross examine the witness of the plaintiff first...........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137, 138-- Re examination of witnesses - Allegations by complainant wife that during subsistence of marriage of her with the petitioner, petitioner contacted another marriage - Complainant cited three witnesses and later produced one who was not cited in the list of witnesses - Complainant claimed that she..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cognizance whether rightly taken - Cheque dated 06.04.2001 and bank account closed on 12.09.1998 - Provision of S.138 of the Act is not attracted in such a situation yet fact whether blank cheque was misused or presented late or that cheque was not issued towards existing..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued Cheque, but alleging..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Amount due for four cheques in question had been paid by way of five other cheques - Thereafter, said five cheques were presented just prior to their expiry date with intention to receive double payment - Evidence let in by accused in support of the said defence..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Pre cognizance evidence by way of affidavit - S.200 Cr.P.C. for taking cognizance of case under general criminal law cannot be made applicable to take cognizance of offence u/s 138 of the Act - U/s 145 of the Act evidence of complainant by way of affidavit is receivable in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Quashing of summoning order - Accused summoned after prima facie satisfaction, on basis of material on record, that case u/s 138 NI is made out - Held, findings of fact recorded by trial court on the basis of evidence on record cannot be quashed in exercise of inherent powers..........
PATNA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B-- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance u/s 138 of NI..........

Showing : 451-460 of 727 Results