KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Fine - Magistrate first class can impose sentence exceeding Rs.5000/- in view of new provision of S.143 inserted with effect from 6.2.2003...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 357(2), Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction for two years and fine imposed of Rs.90 lakhs - Appeal against - Suspension of sentence subject to deposit of 25% of amount of fine - Order valid - No payment to be made to complainant before decision of appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque dishonoured thrice - Notice issued on dishonour of cheque for the third time - Complaint filed thereafter is not barred by limitation - Plea of accused that complainant had orally informed the accused after dishonour of cheque for the first time - Not tenable -..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Amendment - Correction of cheque number - Confusion in number of cheque occurred due to rubber stamp overlapping on the cheque number - If correction of cheque number is permitted it will not ipso facto prejudice the defence of accused - Amendment allowed...........
PATNA HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Negotiable Instruments Act, 1881, Section 138-- Loan money - Cheque issued for return of loan - Petitioner alleged to have persuaded complainant to give loan in question to accused No.1 and loan so given misappropriated by accused No.1 - Nothing stated against petitioner - Proceedings against petitioner quashed...........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Required ingredients fully proved - Single line in cross examination that first talk of business deal took place in Jan-Feb. 2000 not sufficient to disbelieve complainant's case - Evidence has to be read as a whole - Evidence of PWs. 1 to 3 clearly established fact of..........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29-- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of Rs.1, 50,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401-- Complaint u/s 138 - Dismissal in default at the stage of arguments - Order dismissing the complaint in default not justified and the said order can be corrected in exercise of revisional jurisdiction - Complaint restored...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Firm - Managing partner issued cheque to discharge liability of firm - Cheque dishonoured - It is not essential to prosecute the firm/company also before the person in charge is sought to be prosecuted...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Firm - Managing Partner - Dishonour of cheque - Prosecution of Managing partner - Specific averment as to `responsible for conduct of affairs of firm' - Not required when cheque is signed as Managing Partner of the firm...........