Showing : 1661-1670 of 2833 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Compounding of offence - Dishonour of cheque - Accused convicted - Accused making payment of cheque - Acquittal cannot be recoded on this ground - Accused can be acquitted if parties arrive at settlement - In the instant case in view of peculiar facts of the case, Court itself recording settlement..........
KERALA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, 139, 43-- Legally enforceable debt - Cheque issued for withdrawal of civil case - Civil case not withdrawn - Held, when cheque is issued for some other complementary facts or fulfilment of yet another promise i.e. withdrawal of civil case and cheque is issued on that basis and that promise is not fulfilled..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Compensation - Granted under sub-section (3) of S.357 Cr.P.C. is to be recovered only as if it were a fine...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 389(1)-- Dishonour of cheque - Compensation - Suspension during pendency of appeal - Appellate Court can pass appropriate interim orders of suspension with any conditions or terms as may warrant in circumstances in respect of compensation awarded under sub-section (3) of S.357 Cr.P.C...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued as a collateral security - Dishonour of cheque - Even collateral security becomes a debt or liability on the part of accused to perform his contract - The very issuance of cheque presumes that it was issued for discharge of liability...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Dishonour of cheque - Complaint - Filed by Managing Director through authorised officer - Managing Director under the Memorandum of Association and Articles of Association authorised to file a complaint or suit - Signing of complaint by Managing Director and not by authorised officer is..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant is entitled to file both private complaint for bouncing of cheque as well as civil suit for recovery of the amount due by the accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Not found, informed' - It means addressee intentionally avoided to accept the registered cover - There is no legal defect in the service of notice...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against conviction - Reduction in sentence - Accused faced agony for 12 years - Accused an old lady - Accused already deposited amount of fine - Accused already undergone 10 days of imprisonment - Sentence reduced from six months to already undergone...........
DELHI HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Stop payment' - Payment stopped on account of absence of any pre-existing debt or liability - Complaint cannot be quashed on this ground and the question of fact has to be decided in defence...........

Showing : 1661-1670 of 2833 Results