Showing : 331-340 of 368 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Partnership firm - Complaint filed against partner only and firm not made an accused on whose behalf the cheque was issued - Not a ground to quash the proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Demand of interest, cost. etc. in addition to cheque amount - Notice will not be invalid if break up of the claim i.e. the cheque amount, interest, damages etc. are separately specified - Other such claims for interest, cost etc. would be superfluous and these additional claims would be..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406-- Complaint - Quashing of - Whole attempt of complainant is evidently to rope in all members of family in instant criminal case without regard to their role or participation in alleged offences - A criminal complaint u/s.138 of NI Act is already pending against appellants - They would suffer..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 406, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Transfer of case - 5 complaints filed u/s.138 of NI Act before Court at Chennai - Another complaint filed u/s 138 of NI Act before Court at Hyderabad - Complaint filed before Court at Hyderabad sought to be transferred to Court at Chennai - Parties in all cases are same -..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406-- Dishonour of cheque - Offence sprouted from different cheques filed at two different places - Parties same - Offence is of the same nature - Transfer of complaint from one place to another place ordered in the interest of justice and also for the convenience of conducting the trial and disposal of..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - If not prosecuted - Persons falling within the purview of sub-sections (1) and (2) of S.141 of the Act can still be prosecuted...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - If not prosecuted - Directors can still be prosecuted - Payee can succeed only if he succeeds in showing that the offence was actually committed by the Company - In such a prosecution accused can show that the Company has not committed that offence, though such company is not made an..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 139, 141-- Presumption - Company - Where Company is not made an accused but the office bearers of the company alone are made the accused such office bearers are well within their rights to adduce rebuttal evidence to establish that the company did not issue the cheque towards any antecedent liability...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Validity - Allegations made in FIR did not disclose necessary ingredients of offence of cheating or criminal breach of trust - Circumstances indicated that FIR was lodged to pre-empt filing of criminal complaint against informant u/s 138 of NI Act - Held, quashing of FIR proper -..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Last line of notice reads thus 'Kindly arrange to make payment to avoid unpleasant action of my client' - High Court holding that there was no proper notice, on ground that there was no demand for money and hence quashed proceedings - Not correct - There was demand in notice - Drawer..........

Showing : 331-340 of 368 Results