Showing : 41-50 of 3037 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Appellant has submitted that since liability involved in suit was claimed by respondent only on bais of dishonour of cheques and in complaint u/S.138 of NI Act, Managing Directory has been acquitted by criminal court, therefore, suit should have been dismissed and claim is not maintainable - Held..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in complaints as to when loan..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438-- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 300-- Distinct offence - Second trial on the same facts - Permissibility - Acquittal in a case u/s 138 NI Act - Accused cannot be made liable for second trial on the same facts even for a different offence u/s 420 IPC, on the ground that some more allegations were not made in first trial, as bar..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 265E(a), 265E(b), 265E(c), 265E(d), 265E(e)-- Dishonour of cheque - Plea of bargaining - Offences u/s 138 of NI is not covered by S.265(E) clauses (a) to (c) Cr.P.C...........

Showing : 41-50 of 3037 Results