Showing : 61-70 of 100 Results

ALLAHABAD HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Pre-mature complaint - Magistrate took cognizance by recording statement of complainant - Cognizance was taken prior to date of cause of action - Complaint was premature having been filed before accrual of cause of action - Proceedings quashed...........
ORISSA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Sent deliberately at wrong address - Complaint filed before expiry of 15 days of issuance of notice - Order of taking cognizance quashed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Pre-mature - Cognizance taken when cause of action had arisen - Complaint not liable to be dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Directors - No allegation in complaint that cheques were issued with consent or knowledge of Directors - No allegation that Directors were responsible for control of day to day business of company or had active role in issuing cheques - Order of cognizance against Directors quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre-mature complaint - Condition of expiry of 15 days after notice applies to taking cognizance and not to filing of complaint which can be kept pending as premature till prescribed time...........
ALLAHABAD HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Complaint - Filed prior to expiry of 15 days of notice period - Notice dated 13.6.1998 complaint filed on 26.6.1998 and cognizance taken on 18.11.1998 - Bar of expiry of 15 days is for taking cognizance - Complaint cannot be dismissed merely on this ground...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Police report - Cognizance can only be taken upon a complaint - Magistrate cannot take cognizance on police report...........
KERALA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 210-- Complaint case and police case over same matter - Magistrate to stay complaint case and call for a report from police - S.210 Cr.P.C. is not attracted where complaint is u/s 138 NI Act as cognizance of offence u/s 138 NI Act can only be taken on a complaint filed by payee...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person who was in charge of and was responsible to the Company for conduct of business of Company is liable to be proceeded against - Other Directors can be proceeded against only if it is specifically alleged in complaint that they too participated in commission of offence - Cognizance..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Pre mature complaint - It can either await maturity or be returned to the complainant for filing later - Complaint cannot be dismissed for the reason that it was presented at an earlier date and it also does not confer any right upon the accused to absolve himself from the criminal liability for..........

Showing : 61-70 of 100 Results