Showing : 461-470 of 727 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite repeated directions;..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1)-- Dishonour of cheque - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recall of witness - Exercise of power by Magistrate - Held, there is no dispute that trial Court has plenary jurisdiction and powers to summon any person as a witness or examine any person in attendance or recall and re-examine any witness, already examined earlier and this..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Petitioner's main contentions is that there is no legal and subsisting liability - Furthermore, complaint has been filed in the year 2006 and petitioner has come forward with quash petition on 18.05.2010 - Held, petitioner is trying to drag on..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141(1)-- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Revision - Concurrent finding by Courts below on the issue of fact that appellant had issued cheques against a liability and cheques were dishonoured and petitioner failed to pay amount despite demand notice - Both Courts had considered defence taken by..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Many accused - Some not appearing - The whole purpose of summary trial shall stand defeated if accused who are served are asked to come to Court repeatedly till the other accused are served - Plea of accused to be recorded on the day of his appearance and if that accused gets..........

Showing : 461-470 of 727 Results