Showing : 1671-1680 of 2973 Results

KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83-- Complainant failed to take steps u/ss 82 & 83 Cr.P.C. - Accused cannot be acquitted - However, complaint can be dismissed u/s 204 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Memorandum of understanding between parties - Complainant thereunder to withdraw complaint - Complainant admitting execution of settlement and receipt of money thereunder - Complainant wanted to prosecute only on ground that he was to receive..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Earlier writ petition for quashing of complaint heard and decided - Subsequent petition for quashing of complaint on changed circumstances - Does not amount to review of order passed in earlier writ petition...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Civil suit - Pendency of - Not a bar for launching proceedings u/s 138 Negotiable Instruments Act...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Premature complaint - If cognizance is taken after expiry of 15 days contemplated under Section 138 then premature presentation will not affect the case of the complainant...........
ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 313, 311-- Dishonour of cheque - Complaint - Adjournment to different dates for payment of dues of complainant - Compromise failed - Petition filed to adjourn the case for further cross examination of complainant - Trial Court ought to have given a chance for cross examination of complainant - Court ought to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 4-- Promissory note - Execution - Proof - Burden rests upon plaintiff to prove promissory note in all respects - Evaluation of possibilities for the defendant to borrow the amount, or his necessities do not have any role to play in this regard...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 118-- Presumption - Rebuttal - Defendants must prove the non-existence of consideration so probable that a reasonable man would subscribe to that view - Proof need not be restricted to evidence adduced by defendant - Information elicited from the cross-examination of plaintiff's witnesses can also be..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post and UCP (Under Certificate of posting) - Notice sent as per registered post returned unserved - UCP did not return - Pleading in complaint viz. 'Hence, it is presumed that U.C.P. has been received by the accused' - Held, it is sufficient to hold that..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190-- Dishonour of cheque - Complaint - Cognizance - Magistrate if proceeds to examine the complainant and such other evidence as the complainant may produce then it should be held to have taken cognizance of the offence and proceeded with the inquiry...........

Showing : 1671-1680 of 2973 Results