Showing : 71-80 of 615 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Claim for fee based on percentage of subject matter in litigation cannot be basis of a complaint u/s 138 of the Act - Such claim is against public policy and hit by S.23 of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed - Advocate has to independently prove the contract...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Compromise - Parties amicably settled their dispute - Memorandum of settlement is on record - Parties directed to abide by terms and conditions as contained in said Memorandum of Settlement - Conviction and sentence of accused set aside...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused who wants to contest the case, must be required to disclose specific defence for such contest - Court can ask specific questions to the accused at that stage - In case trial is to proceed, it will be open to the Court to explore the possibility of settlement - Court..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - High Courts can consider and lay down category of cases where proceedings or part thereof can be conducted online by designated Courts or otherwise - High Courts may also consider issuing any further updated directions for dealing with S.138 cases in the light of judgments of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Payment of cheque amount with interest and cost as assessed by Court by a specified date - Court is entitled to close the proceedings in exercise of its powers u/s 143 of N.I. Act r/w S.258 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Procedure for trial of cases under Chapter XVII of the Act, normally is to follow summary procedure - However, summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation u/s 357(3) Cr.P.C. with..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Bank account number of complainant and e-mail ID of accused - In every complaint u/s 138 of the Act, it may be desirable that complainant gives his bank account number and if possible e-mail ID of accused - If e-mail ID is available with Bank where accused has an..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons - In every summons, issued to accused, it may be indicated that if accused deposits the specified amount, to be assessed by Court having regard to the cheque amount and interest/cost, by a specified date, accused need not appear unless required and proceedings may be..........

Showing : 71-80 of 615 Results