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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to one year RI and a fine of Rs.4000/- - During revision accused paid the amount of cheque and fine - Accused remained in custody for 18 days - Sentence reduced to already undergone...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Directors and General Manager - Petitioners alleged to be responsible for the conduct of the business of the company - Obligation as required u/s 141 is discharged - Complaint cannot be quashed - However, petitioners are entitled to prove that offence was committed without their knowledge during trial...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 141 -- Provision is in two parts - Sub-section (2) is in addition to sub-section (1) - This means that a person who is covered by sub-section (1) of S.141 shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly - Besides that, those persons who are covered under sub-section..........

RAJASTHAN HIGH COURT

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by `E' and not by `T' - Even assuming connivance between `E' and `T' cognizance cannot be taken against `T' - Offence, if any, by `T' not covered by Act...........

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...........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the company till the end of the proceedings...........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- Company - By a person who is incharge or responsible to the Company - Whether authorisation must be on the date or a subsequent authorisation can validate the complaint? - Held, even if initially there is no authority, still the Company can, at any stage, rectify that defect - At a subsequent stage the Company can send a..........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Debt or liability - Complaint cannot be quashed on the ground that there is no debt or liability - At this stage Court cannot go into merits and/or come to a conclusion that there is no existing debt or liability...........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- `Debt or liability' - Pleading - There is no requirement that the complainant must allege in the complaint that there is a subsisting liability - The burden of proving that there was no existing debt or liability is on the respondents...........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - An offence is made out - However, an accused can prove that `stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then offence u/s 138 is not made out...........

Showing : 2211-2220 of 3130 Results