Showing : 531-540 of 2805 Results

MADRAS HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Complaint filed by officer on behalf of company - However, no authorization executed in favour of said officer - Held, it would not vitiate complaint proceedings - It is only an irregularity which can be ratified or rectified subsequently...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Issuance of cheque admitted - Presumption u/s 139 is applicable that cheque was issued towards discharge of a debt or liability until the contrary is established by the maker...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Burden is on accused to prove that dishonour of cheque was not due to insufficiency of funds and that there was valid cause including absence of any debt or liability for the stop payment...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Conviction - Cheque amount Rs.49, 000/- Accused sentenced 3 months SI and to pay fine of Rs.5, 000/- - Case pending for 11 years - Sentence reduced till rising of Court - Accused to pay compensation of Rs.60, 000/- to complainant...........
CHHATTISGARH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in discharge of liability - Subsequently demand draft issued to discharge the liability - Cheque presented and dishonoured - Complaint filed - Complainant not admitting the fact that by issuing the demand draft accused had discharged their liability arising..........
CHHATTISGARH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment - Dishonour of cheque on the ground of stop payment is dishonour of cheque within the meaning of S.138 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 141(2)-- Vicarious liability - Officer of a company - Not liable to be prosecuted by virtue of his office - Can be prosecuted only u/s 141(2) of the Act - Mechanical reproduction of S.141(1) is not sufficient - It is required that there should be necessary averments in the complaint as to how and in what..........

Showing : 531-540 of 2805 Results