Showing : 1731-1740 of 3039 Results

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...........
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'...........

Showing : 1731-1740 of 3039 Results