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Results of quashing s 138 in ni s complaint quashed

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Showing : 41-50 of 80 Results

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........

GUJARAT HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant neither disclosed that demand notice was sent within 30 days of bouncing of cheque nor it has been disclosed that complaint was filed within 30 days of receipt of demand notice - Held, complainant could not comply..........

GUJARAT HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complaint was required to be filed within fifteen days of receipt of notice by the drawer of the cheque which, in this case is 09.08.2008 - However, complaint was filed on 18.08.2008 - Held, complaint was barred by limitation as..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420 -- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of proceedings sought on the ground that cheque in question was issued by way of security - Held, it can be established only during trial whether cheque was issued by way of security or not - Hence complaint proceedings cannot be quashed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque was issued in the name of company but complaint has been filed by one of the Directors who has not been authorized for that purpose - Quashing of complaint sought - Held, company is de jure complainant - It must associate a human..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint - Quashing of - Vaguely pleaded in complaint that all accused being directors are i, charge of company and they have been actively involved in business of company and are responsible to company for conduct of its..........

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..........

Showing : 41-50 of 80 Results