Showing : 1711-1720 of 2782 Results

MADRAS HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Loan taken from finance company - Promissory notes for various amounts executed - There was no reason to issue cheque at the same time - This probabilises that cheque was issued only as a guarantee for the amount payable by the accused...........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(2)-- Cheque - Request to send the cheque to handwriting expert for examination - Every such request not to be allowed - It is for the trial Court to alertly consider the acceptability of such request and ensure that the cheque is forwarded to the expert only if satisfactory reasons are available...........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Components of the offence of dishonour of cheque, punishable u/s 138 of N.I. Act are: (1) Drawing of the cheque; (2) Presentation of the cheque to the Bank; (3) Returning the cheque unpaid by the drawer bank; (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued as a guarantee - Dishonour of cheque - Offence u/s 138 is not made out - Acquittal upheld...........
GUJARAT HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Business transaction taking place at a number of places - Complainant can file complaint in any of the Courts where transactions took place - Choice is of the complainant...........
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, 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, 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-- Six cheques - Joint trial - If cheques were issued as part of the same transaction then all the cases can be jointly tried...........

Showing : 1711-1720 of 2782 Results