Showing : 1-10 of 2940 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 202(as, Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Effect of amendment on NI Act - Magistrate is not mandatorily required to comply with provisions of S.202(1) Cr.P.C. before issuing summons to accused residing outside territorial jurisdiction of Magistrate concerned...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137-- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already been recorded because without allowing cross-examination of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2)-- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute offences u/s 406/420 IPC may have been laid out, it does not follow..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court ought not to have forwarded complaint to police for..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........

Showing : 1-10 of 2940 Results