Showing : 61-70 of 78 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Trial Court awarding six months simple imprisonment - Accused paying amount due under cheque and interest thereon pending appeal - Held, no useful purpose would be served by sending accused back to jail - Imposing penalty of fine would meet ends of justice -..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 325, 29(2)-- Magistrate First Class - Can impose a maximum fine of Rs.5, 000/- - If Magistrate is of opinion that accused should receive a punishment more severe than what he is empowered to inflict then he can take recourse to S.325 of Cr.P.C. and submit proceedings to the Chief Judicial Magistrate...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial by Chief Judicial Magistrate - Accused found guilty and fine of Rs.60, 000/- imposed and in default accused to undergo 6 months simple imprisonment - Held, order of Chief Judicial Magistrate in imposing the fine is valid...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount Rs.55, 000/- - Fine of Rs.60, 000/- and in default accused to undergo 6 months simple imprisonment - If amount of fine recovered Rs.58, 000/- out of that to be paid to the complainant - Order is valid in view of S.357(1)(b) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Payment of cheque amount during pendency of appeal against conviction - As offence is proved conviction is to be maintained - In view of subsequent development, sentence reduced to period already undergone and fine maintained...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Sentence - Amount involved in cheques amounting to Rs.26, 501/- Trial Court imposed fine of Rs.10, 000/- - Cheques issued in the year 1990 - Almost 10 years have lapsed - Complainant must have suffered financially due to non-availability of the amount - Respondents are the Company and its Managing..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Sentence - Magistrate of First Class can impose fine exceeding Rs.5, 000/-...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Appeal against conviction and fine - Pending appeal entire amount of cheque paid and sworn affidavit filed - Appellant saved from imprisonment part of sentence - Appellant to pay fine of Rs.5,000/- within four weeks in the trial Court and failure would attract simple imprisonment for three months...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386, 357(3)-- Judicial Magistrate of First Class trying a case under S.138 cannot impose a fine exceeding Rs.5000/- - High Court while convicting accused in the same case cannot impose fine exceeding the said limit - However, Magistrate can resort to S.357(3) Cr.P.C. to alleviate the grievance of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Offence by company - Conviction of accused - There is no question of convicting the company - Substantive sentence of imprisonment set aside - Heavy fine reduced to Rs.10, 000/-...........

Showing : 61-70 of 78 Results