Showing : 1681-1690 of 2973 Results

KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482-- Cognizance of offence taken and summons issued - Magistrate thereafter has no power to recall the summons and drop the proceedings - Remedy is to invoke S.482 Cr.P.C...........
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...........
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 - Cognizance of complaint is taken when Magistrate orders recording statement of complainant and any evidence which the complainant may produce - It is not necessary that the words 'Cognizance taken' should appear in the order...........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Firm - Dishonour of cheque - Criminal liability is not confined to the signatory of the cheque alone but extends to non signatories also provided other conditions in that regard are satisfied...........
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 - Once the Court on perusal of the complaint is satisfied that the complaint discloses the commission of an offence and there is no reason to reject the complaint at that stage, and proceeds further in the matter, it must be held to have taken..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Where the facts necessary for proceeding against an accused are not averred, then it is not 'a complaint of facts which constitute the offence'...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438-- Dishonour of cheque - Conviction - Concurrent finding - Fine amount deposited - Accused in jail for one month and ten days - Jail sentence suspended during pendency of revision...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent as per registered post at correct address - Received back with postal endorsement `Receiver could not be found despite several visits' - Accused cannot be discharged on the ground that there is no valid notice as contemplated by provision of S.138(b) of the Act as it is only at the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Received back with postal endorsement that addressee was not available - Burden is on complainant to prove that accused managed to get incorrect postal endorsement made...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27-- Notice - Sent as per registered post at a correct address - Notice received back with postal endorsement `Not available' - Accused not stating that notice was sent to a wrong address or that he has not managed to return the notice or that he was out of station during that period - Held, it is due..........

Showing : 1681-1690 of 2973 Results