Showing : 1641-1650 of 2976 Results

BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compensation - Can be enforced by imposing a sentence in default...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal - Suspension of sentence during pendency of appeal - Condition of depositing compensation amount can be imposed - When amount of compensation is heavy Court can direct deposit of a reasonable amount - In exceptional cases it can be granted without requiring deposit of..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 145-- Examination-in-chief of complainant can be given on affidavit - If once affidavit is given then examination-in-chief need not to be recorded again - Accused thereafter, if so requires, may request Court to call complainant for cross examination...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 101-- Promissory note - Containing signature of one witness but his name not mentioned - Said witness not examined - Execution not proved - Merely because the document bears the signatures of executant it does not amount to accepting the liability in view of specific denial of execution of promissory..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan raised by executing promissory note - Subsequently cross cheque issued - Non production or loss of promissory note - By itself not a circumstance that there was no legally enforceable debt...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Loan raised by executing promissory note - Subsequently cross cheque issued - Mere non filing of suit for recovery of amount borrowed under promissory note - By itself not a circumstance to conclude that there was no legally enforceable debt...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Failure of drawer to reply - It is one of the strong circumstances to draw an inference that the accused borrowed the amount and the cheque was issued towards payment of the legally enforceable debt...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held, cause of action in both cases is different - They cannot..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Conviction u/s 138 NI Act in two complaints filed by same complainant - High Court ordered that sentence in both cases shall run concurrently...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427-- Concurrent running of sentence - Discretion can be exercised by trial Court, appellate court as well as the revisional court - High Court can exercise the power available u/s 427 Cr.P.C. by invoking jurisdiction u/s 482 Cr.P.C...........

Showing : 1641-1650 of 2976 Results