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SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the full payment cheque issued as a collateral security not..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused filed complaint for offences indictable u/ss 420 and 465 IPC against complainant and two others in respect of very same cheque - Complainant sought transfer of private complaint filed by accused to Court where complaint u/s 138 of Negotiable Instruments Act is filed -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed - Regarding same very cheques FIR lodged u/ss 420, 406 IPC - FIR quashed. (Indian Penal Code, 1860, Ss.420, 406)...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint under section 138 of the Act - Cheque alleged to be forged before filing complaint - Accused lodged complaint under sections 464, 468, 389, 420 r/w section 511 IPC - Bar under Section 195(1)(b)(ii) is not applicable - In the interest of justice both matters ordered..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held, cause of action in both cases is different - They cannot..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Complaint u/s 138 Negotiable Instruments Act and S.420 IPC - Accused summoned in offence u/s 138 only - Complaint dismissed for want of prosecution - Amounts to acquittal - Second complaint u/s 420 IPC not maintainable even if no summoning order was issued u/s 420 IPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Loan taken and cheque issued - Cheque dishonoured - Complaint lodged alleging that accused have committed an offence under S.420 r/w S.107 IPC and S.138 Negotiable Instruments Act - Petition filed u/s 482 Cr.P.C. to quash the FIR on the contention that it was a commercial transaction - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- `Debt or other liability' - No averment in complaint that the cheque was issued in discharge of any legally enforceable debt or other liability - Provisions of S.138 not attracted and complaint is not maintainable - No averment attracting provisions of S.420 IPC and even if there is any such..........
GUJARAT HIGH COURT
Year of decision: 1996
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Counter complaint by drawer of cheque u/ss 409, 420 & 463 etc. IPC alleging that cheque by merely signing it was given whereas name and amount was filled by the payee himself - Quashment of counter complaint sought - Question whether cheque is a forged one cannot..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1993
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Complaint filed u/s 420 IPC instead of S.138 Negotiable Instruments Act - Held, when allegations are for an offence u/s.420 IPC nothing prevents the complainant from filing the complaint u/s.420 IPC...........

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