Showing : 51-60 of 605 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Society - Complaint filed President and Secretary as persons in charge and responsible to the society - Notice not issued to Society - Notice issued to the President and Secretary alone - Held, unless Society who is the drawer of the cheque is held liable, President and..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint on the basis of second notice - Earlier notice was issued but complaint not filed - Complaint on the basis of issuance of second notice not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482-- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad - Thus, notice so..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held,..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Not sent within 15 days of receipt of information from the bank regarding the return of cheque unpaid - It was a mandatory requirement - Conviction recorded by two courts below set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Handwriting expert - Signatures admitted but handwriting denied - Reply not given to the demand notice - Thereafter accused took plea of loss of cheque - Held, defence of accused can be considered at time of final adjudication of matter - Application of accused merits..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 143, 145-- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing..........

Showing : 51-60 of 605 Results