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PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Notice issued to company - Company not made an accused - Complaint filed against directors only - Directors even if not alleged to be incharge of the business of the company and were responsible to the company for the conduct of the business of the company in the complaint then the same can well be supplied at..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1998
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Managing Director of Company - No allegations in the complaint that Directors of the Company were in charge and responsible for the conduct of the business of the Company at the time of the alleged commission of the offence - Vague allegations that cheques were issued with consent,..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1998
Details

Negotiable Instruments Act, 1881, Section 138 -- Not sufficient funds in the account - Does not absolve its liability for the offence under S.138 of the Act...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1998
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheques issued in discharge of a liability i.e. payment of monthly rentals - Cheques dishonoured for want of sufficient funds - Complaint cannot be thrown out on the ground that it is a civil dispute...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Interest claimed - Merely because interest is claimed, notice is not bad - Accused could have paid cheque amount only, refusing interest...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Company - Unless there are allegations in the complaint that the Directors or partners of a company or firm are also incharge and responsible for the management of the business of the company or firm they are not liable to be prosecuted...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 200 -- Magistrate has to take cognizance before proceeding to record sworn statements of complainant and his witnesses - Taking of cognizance after examination of complainant is impermissible in law and it would vitiate the entire proceedings...........

RAJASTHAN HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Payment demanded within 7 days - Notice not invalid - Mentioning of period more or less than 15 days - No prejudice is caused to accused...........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Complaint - Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the Company till the end of the proceedings...........

Showing : 2711-2720 of 3130 Results