Showing : 341-350 of 367 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386, 357(3)-- Judicial Magistrate of First Class trying a case under S.138 cannot impose a fine exceeding Rs.5000/- - High Court while convicting accused in the same case cannot impose fine exceeding the said limit - However, Magistrate can resort to S.357(3) Cr.P.C. to alleviate the grievance of the..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Jurisdiction - Components of the offence are (1) Drawing of the cheque (2) Presentation of the cheque to the bank (3) Returning the cheque unpaid by the drawee bank (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount (5) Failure of the drawer to make..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 139, 138, 118-- Cheque - Signature on the cheque admitted - Can be legally inferred that the cheque was made or drawn for consideration on the date which the cheque bears - S.139 enjoins on the Court to presume that the holder of the cheque received it for the discharge of any debt or liability - The burden is on..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Market Committee - Previous sanction to maintain legal proceedings - Previous sanction contemplated by S.84(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 is not applicable to the prosecution proceedings for an offence under Section 138 of the Negotiable Instruments Act..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque - Dishonoured - Notice - Sent by Fax - It amounts to compliance with the legal requirement - Time limit for filing complaint would start running on the date when the notice sent by Fax reaches the drawer of the cheque...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- `Account closed' - Dishonour of cheque - It is an offence u/s 138 of the Act - Closure of the account would be an eventuality after the entire amount in the account is withdrawn - It means that there was no amount in the credit of 'that account' on the relevant date when the cheque was presented..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Issued to the Managing Director of the Company who signed the cheques - Held, there was no infirmity in the notice - High Court not justified in quashing the complaint on ground that notice was sent to the Managing Director at his office address since that could not mean that the notice..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Computing period of limitation - Day on which cause of action arises is to be excluded - In the instant case notice served on accused on 29.9.1995 and complaint filed on 15.11.1995 - Held, complaint filed is within time as 15 days notice period expired on 14th October and..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Promissory note - Once execution is proved there is presumption of consideration - The defendant can prove the non-existence of consideration by raising a probable defence - Once the defendant proves the initial onus of proof showing that the existence of consideration was improbable or doubtful..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Instrctions by accused to bank to `stop payment' after issuance of cheque - Would not absolve offence under Section 138...........

Showing : 341-350 of 367 Results