Showing : 1661-1670 of 3037 Results

DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong implication of a person as accused - Complainant on its own or trial Court can give opportunity to drop any or all of the accused persons - In case complainant insists to continue proceedings against all or any of the accused persons then Magistrate while deciding the..........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Complaint against company and Directors - Petition to quash complaint on plea that complaint not disclosing as to how Directors are incharge and responsible to company for day to day business and that cheque in question stood discharged as another cheque in lieu thereof was issued - Two..........
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...........
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...........
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 -..........
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...........
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...........
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,..........

Showing : 1661-1670 of 3037 Results