Showing : 1711-1720 of 2779 Results

GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Goods supplied at Delhi - Post dated cheque issued at Delhi - Complainant company located in Gujarat but having bank account at Delhi also - Cheque presented at Delhi and dishonoured - Notice issued by complainant company and received by accused at Delhi -..........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Sick company - Winding up petition pending - Held, when complaint u/s 138 of N.I. Act was filed, no decision was taken by Board for winding up the company - Pendency of proceedings for winding up does not affect prosecution...........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued after closure of account - Cheque dishonoured - Offence stands committed even if cheque is issued after closure of account because amount of money standing to credit of 'that account' would be 'nil' at the relevant time apart from it being closed...........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, Evidence Act, 1872, Section 3-- Dishonour of cheque - Preliminary evidence - Statement of a complainant u/s 200 Cr.P.C. is evidence - Any statement which Court permits or requires to be made before it by witnesses, whether such statement be tested by a cross examination or not, will certainly be evidence for the purpose of S.3..........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g)-- Dishonour of cheque - Preliminary evidence - Proceedings before Magistrate u/s 200 Cr.P.C. is an inquiry u/s 2(g) of the Code...........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Preliminary evidence - Permissible by way of affidavit - Unless the case falls within `just exception' contemplated u/s 145 of N.I. Act, Court must receive affidavits as evidence at the stage of S.200 Cr.P.C. and should not insist on personal appearance and examination of the..........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Six cheques - Joint trial - If cheques were issued as part of the same transaction then all the cases can be jointly tried...........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Cheque amount paid and complainant received the same - It shall be taken that parties have compounded the offence - With the amendment introduced in S.147 of the Act, every offence punishable under the Act is compoundable...........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Security - Loan taken - Agreement executed to repay loan within six months and cheque issued as security to be encashed in case of failure to pay loan amount - Loan not paid - Cheque which had been issued as security transforms itself into a cheque representing liability in terms of agreement -..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 309(1)-- Additional evidence at appellate stage - When despite grant of time for defence evidence, the accused fails to avail of the opportunity of leading defence evidence, he cannot complain that he was not given reasonable or proper opportunity - Proper and reasonable opportunity means an opportunity..........

Showing : 1711-1720 of 2779 Results