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BOMBAY HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against company and other Directors - Specific averment in complaint that accused persons were incharge of and in control of day to day affairs and management of accused company - Case made out u/s 141 of the Act - Order issuing process against company and other accused, held,..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........

DELHI HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Payee should be the complainant - If company is the payee then complaint should be filed in the name of the company - A company can be represented by an employee or even by a non employee authorized and empowered to represent the company either by a resolution or by a power of attorney...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21 -- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto..........

KERALA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........

Showing : 2301-2310 of 4494 Results