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Results of mistake 138

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Showing : 1-10 of 32 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........

ORISSA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........

CALCUTTA HIGH COURT

Year of decision: 2023
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........

JHARKHAND HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - There is no dispute about cheque number and its issuance by accused - Mistake is a simple infirmity which is curable by means of formal amendment and by allowing such amendment no prejudice would be caused to complainant -..........

UTTARAKHAND HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - On perusal of record, it is noticed that trial Court has ventured in discussing merits of case on basis of plea taken by accused in application, despite fact that there was no occasion to discuss same at this stage that too in..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake in notice in mentioning number of cheque does not make the notice defective or invalid...........

Showing : 1-10 of 32 Results