Showing : 311-320 of 368 Results

SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Appeal against conviction - Suspension of sentence - While suspending sentence it is advisable that Court imposes a condition that fine part is remitted within a certain period - If fine amount is heavy, Court can direct atleast a portion thereof to be remitted...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Post dated cheque - Becomes a cheque on the date which is written thereon - Six months period has to be reckoned from the date mentioned on the face of the cheque and not any earlier date on which the cheque was made over by the drawer to the drawee...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29-- Sentence and fine - Magistrate of First Class is empowered to impose sentence of not more than 3 years and fine can't exceed Rs.5, 000/- but u/s 357 Cr.P.C. Magistrate can award any amount of compensation - If Magistrate thinks to impose sentence more severe, in that case u/s 325 Cr.P.C. he is to..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Deposit of amount in Court during pendency of case - Does not absolve accused of criminal liability - In matter of awarding sentence it may have some effect - Complaint cannot be quashed on account of deposit of money in Court...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Notice - Notice issued in name of Director who signed cheque - Notice proper - Notice cannot be construed in a narrow technical way without examining substance of matter - Prosecution proceedings cannot be quashed on the ground that notice was not served on Company...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Compounding of offence - Trial Court convicted accused - During pendency of appeal parties arriving at settlement - Accused depositing amount of cheque before Appellate Court - Complainant undertook that he will not press for conviction and sentence - Appellate Court to consider subsequent events..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 141-- Company - When company commits offence then not only the Company but also every person who at the time when the offence was committed, was in charge of and was responsible to the Company for the conduct of the business of the Company shall be deemed to be guilty of the offence and liable to be..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person who is incharge and responsible to the Company for conduct of its business is also liable - Substance of the allegations read as a whole, should answer and fulfil the requirements of the ingredients of S.141 of the Act - Allegations made in the complaint when do not fulfil the..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Pre mature complaint - It can either await maturity or be returned to the complainant for filing later - Complaint cannot be dismissed for the reason that it was presented at an earlier date and it also does not confer any right upon the accused to absolve himself from the criminal liability for..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Trial Court awarding six months simple imprisonment - Accused paying amount due under cheque and interest thereon pending appeal - Held, no useful purpose would be served by sending accused back to jail - Imposing penalty of fine would meet ends of justice -..........

Showing : 311-320 of 368 Results