Showing : 1-10 of 111 Results

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, 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..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any material particulars..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Averments made in complaint filed by respondent u/s.138 NI Act are sufficient to come to conclusion that cheque in question was not issued in discharge of any existing debt or liability - In whatever capacity, respondent might be having cheque, it is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and issued cheque..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused persons - Of..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out of same cause of action i.e. dishonour of cheques - Held, complaint..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening vicarious criminal..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482-- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned order by which petitioner has..........

Showing : 1-10 of 111 Results