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PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Averments in complaint that accused are active and responsible Directors of the Company - Prayer to quash complaint declined...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Payment of Rs.20 lacs after institution of complaint - Complainant not yet admitted the receipt of this amount against the cheque - Prayer of quashment of complaint declined as it is a question of fact...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Accused on appearance sought dismissal of complaint on ground of non compliance with provision regarding notice - Plea accepted by trial Court - Order set aside - It was incumbent on the Magistrate to afford sufficient opportunity to the complainant...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Accused on appearance sought dismissal of complaint on ground that cheque had not been issued against existing liability - This question is a matter of evidence - Trial Court should have afforded an opportunity to the complainant to lead evidence...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 88 -- Accused appeared in pursuance to the summons - There is no need to call upon the accused to furnish security for his enlargement...........

GUJARAT HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint filed in the name of Company through Administrative manager who has signed the complaint - No special authority is required - Question of authorisation arises only if the complaint is filed in person name for and on behalf of the company - Held, complaint is maintainable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque - Dishonoured - Complaint - No allegation in the complaint that drawer issued chque in discharge of whole or part of the legally enforceable debt or liability - Complaint is not maintaianble...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Cheque if given by way of gift or present - Dishonour of cheque - Complaint under S.138 is not maintaianble...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Limitation - Delay - Cannot be condoned under any provision of law - Period prescribed under the Act is not the period as such, but is a condition precedent as such and that period cannot be extended by any means...........

BOMBAY HIGH COURT

Year of decision: 1997
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - Company - Cheque drawn by Company signed by Managing Director - Notice to Company is a must - Notice addressed to the Managing Director of the Company by name making demand for payment on dishonour of cheque - Held, in the absence of notice to the Company which had drawn the cheque offence under Section 138 is not..........

Showing : 2751-2760 of 3130 Results