Showing : 1701-1710 of 3037 Results

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
Negotiable Instruments Act, 1881, Section 118-- Pronote - Consideration - Presumption - Promissory note alleged to be executed under coercion and not voluntary - When execution is admitted there is presumption of consideration - To disprove the presumption defendant has to bring on record such facts and circumstances, upon consideration of..........
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...........
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...........

Showing : 1701-1710 of 3037 Results