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Results of negotiable instruments act complaint

Showing : 561-570 of 2012 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when all the indicated..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(3), 177, 179 -- Dishonour of Cheque - Territorial jurisdiction to file complaint - Held, complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of the following five acts, the components of the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of Cheque - Criminal complaint - Issuance of summon - Held, at the time of summoning, the Magistrate, prima facie, has to form an opinion that there is sufficient ground for proceeding against (not the evidence to convict the accused), as contemplated u/s 204 Cr.P.C. -..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........

CHHATTISGARH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence taken by accused that complainant has committed cheating and forgery, pertaining to cheque in question, but reason best known to them they have neither lodged any complaint nor has lodged F.I.R. against complainant - Evidence adduced on behalf of complainant and alleged..........

KARNATAKA HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Notice - Held, issuance of notice as required by Cl.(b) of proviso to S.138 of the Act is a condition precedent for initiating proceedings for an offence u/s.138 of the Act...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Firm - Different description in memo of parties and in the body of complaint - Held, it will be too technical to throw out the complaint due to loose drafting - The substance of the complaint or petition is to be seen and it should not be thrown out merely on technicalities of loose drafting...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Payment stopped by attachment order/court order' - Complaint cannot be quashed on this ground - Principle of `stop payment' applies when payment is stopped by attachment order/court order - Accused has to show that there were sufficient funds in the account to encash the cheque despite the attachment..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Respondent who was alive to the fact that notice would take some time to reach petitioner did not file complaint immediately after notice was posted - Respondent instead waited for four more days and filed complaint on 19th day after..........

Showing : 561-570 of 2012 Results