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CALCUTTA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Sleeping director - Cannot be prosecuted - Onus is on the complaint to show that persons sought to be proceeded against were incharge of and responsible to the Company for the conduct of its business - No such averment in the complaint against the petitioner - Proceedings against the petitioner quashed...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Once the limitation to file complaint starts to run it cannot stop for any reason, and if complaint is not lodged before limitation runs out, no complaint can be lodged thereafter...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- `Cause of action' - Does not arise merely on the cheque being dishonoured - It arises only on failure to make the payment within fifteen days of the receipt of notice...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........

KERALA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Complaint filed by Company through authorised representative - Said authorised representative left the service of the company - Held, there is nothing wrong in substituting a fresh Power of Attorney or representative of the company in the place of previous Power of Attorney or representative...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Complaint - Acquittal - Appeal against - Where order of acquittal is based on irrelevant grounds and passed by totally ignoring acceptable evidence on record, High Court is justified in reversing such order of acquittal - Sentencing is a matter of Court's..........

DELHI HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque and Bank's memo returned to drawer - Contention of accused that he paid the amount - Trial Court has to consider the effect of return of dishonoured cheque to accused - In the instant case complaint quashed...........

RAJASTHAN HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post at correct residential address - Notice received back with postal endorsement `Not found' - Held, it can only be attributed to addressee's own conduct - Cognizance validly taken by trial Court...........

CALCUTTA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of amount of cheque and amount of incidental charges - Both amounts indicated separately - Held, notice is valid - If any extra amount is claimed in the notice that would not vitiate the notice...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque - Can be presented any number of times within the period of validity of cheque - Cause of action for complaint would arise only when pursuant to the dishonour of the cheque notice was issued and the drawer of the cheque failed to make payment...........

Showing : 2721-2730 of 3130 Results