Showing : 1651-1660 of 2976 Results

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...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque dishonoured for the reason that it had no account number and it was without 'proprietary stamp' - No offence is made out - Offence u/s 138 is made out only when cheque is returned due to insufficient funds and amount exceeds the arrangement...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Incorrect cheque number and date of presentation - Notice is not vitiated - The requirement of the provision of S.138 Proviso (2) is that notice should be in writing and there should be demand of cheque amount - In the instant case name of bank and cheque amount..........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Chairman - Summoning order against Chairman quashed as Chairman of a Company under Companies Act is not responsible for day to day business of the company nor it can be inferred as a person consented or connived in commission of offence merely because he is Chairman of the Company...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section S.138-- Dishonour of cheque - Firm - Complaint or appeal by a person who is not proved to be a partner of the registered Company/firm is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued towards time barred debt - Cheque dishonoured - Accused is not liable...........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - It is not a case instituted otherwise than on complaint - Provisions of S.258 not attracted...........
GUJARAT HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay compensation for..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee - When a power of attorney holder has full knowledge of the transaction his statement can be recorded by Magistrate for verification of the complaint...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Can be filed by power of attorney holder - Power of attorney holder cannot depose on behalf of complainant - However, he can appear as a witness on behalf of complainant...........

Showing : 1651-1660 of 2976 Results