Showing : 51-60 of 3037 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, prosecution - As per the complainant, due to wrong noting down of the date neither complainant nor his counsel could appear in Court - Plea taken by complainant appears to be genuine as it would not have intentionally allowed the complaint to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138-- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 417, 418, 120B, Criminal Procedure Code, 1973, Section 177, 179, 181-- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Jurisdiction - Agreement was entered into at Chandigarh to withdraw the complaint - Complainant having its head office at..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, 417, 418, 120B-- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Plea that non performance of contract tantamounts to breach of contract and dispute is of civil nature, cannot be allowed..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Quashing of complaint - Law as to : (a) Once in a complaint filed u/s 138 r/w S.141 of the NI Act the basic averment is made that the Director was in charge of and responsible for the conduct of the business of the company at the relevant time when the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Police complaint - Relief available u/s 138 of NI Act is in addition to contemplations in IPC - It is still open to such a payee recipient of a dishonoured cheque to lodge a First Information Report with the Police or file a Complaint directly before the concerned Magistrate..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 182(1), 184, 220-- Dishonour of cheque - Offences triable together - If an offence punishable u/s 138 of NI Act committed as a part of single transaction with offence of cheating and dishonestly inducing delivery of property then in terms of S.182 (1) r/w S.184 & 220 Cr.P.C. such offence may be tried either at the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and also..........

Showing : 51-60 of 3037 Results