Showing : 81-90 of 154 Results

BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made out to invoke..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190-- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Territorial jurisdiction - Cheque drawn in Philibhit - Drawer's bank in Bareilly - Cheque presented in Delhi and dishonoured - Court at Delhi has jurisdiction to try the complaint...........
ORISSA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Court at the place where cheque was given in respect of transactions made at that place has jurisdiction to try the offence u/s 138 of Negotiable Instruments Act...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 178, Constitution of India, 1950, Article 227-- Dishonour of cheque - Cause of action arose within State of Kerala but complaint filed in a Court outside the State of Kerala - Kerala High Court is not competent to quash the complaint or interfere with the proceedings before a criminal court, outside the jurisdiction of the Court...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Jurisdiction - High Court of one State cannot quash criminal proceedings pending in a Court within jurisdiction of another High Court...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 14, 190-- Dishonour of cheque - Complaint - Jurisdiction - Every Judicial Magistrate in a district has jurisdiction to entertain a complaint - However, only jurisdictional Magistrate has power to try the same - If any Magistrate not empowered by law to do any other thing including to take cognizance of an..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 460, 14-- Dishonour of cheque - Complaint - Territorial jurisdiction - Complaint filed in the Court of CJM whereas it had to be filed in the Court of Magistrate in the same district - CJM erroneously took cognizance - Complaint returned to be presented in a Court having territorial jurisdiction - Complaint..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Court at the place where money was intended to be paid has jurisdiction - Court at place where cheque was presented for realisation has no jurisdiction to try the offence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438-- Transitory bail - Jurisdiction - Dishonour of cheque - Accused living at Chandigarh - Case pending before Court at Jaipur - Punjab and Haryana High Court granted transitory bail for 21 days - Punjab and Haryana High Court can grant anticipatory bail for transitory period...........

Showing : 81-90 of 154 Results