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Results of s 138 ni

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Showing : 3601-3610 of 4214 Results

JAMMU AND KASHMIR HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138 -- Proviso (c) - Notice - Date of receipt - To be clearly made out as without this it is not possible to reckon period of 15 days - Before an order summoning an accused person is passed by the Magistrate, it has to be made out by the complainant that the drawer has failed to make the payment to him within fifteen days of the..........

MADRAS HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Notice sent not to present cheques for encashment - Inspite of it cheques presented for collection - Cheques returned as instructions were given to bank to `stop payment' - Amounts to dishonour of cheque within meaning of Section 138 of the Act...........

MADRAS HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Directors - Except for the bald statement that they are Directors, there is no evidence to show that at the time of commission of offence they were incharge of and were responsible to the company for the conduct of the business of the company - Held, complaint against such Directors quashed...........

MADRAS HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138 -- Complaint - Company - Authorisation - Complaint filed on 24.9.1997 - Resolution giving authorisation to Manager passed on 17.11.1997 i.e. after filing the complaint - There is no distinction between civil and criminal law as far as authorisation or power of attorney is concerned - Authorisation given by complainant in favour..........

MADRAS HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - `Refusal to receive notice' - Amounts to proper and valid service...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed -..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Accused ordered to be put on trial - Nothing in preliminary evidence to show as to when information from Bank as to dishonour of cheque received and the date when the cheque was presented to the payee bank - Trial Court dismissed the complaint - No bank..........

RAJASTHAN HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138 -- Notice - If tender of the notice by the postman at the address of the accused is proved, and it is established that the notice could not be personally served due to wilful default or deliberate evasion of the accused, then the same may constitute 'receipt of notice'...........

RAJASTHAN HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they..........

BOMBAY HIGH COURT

Year of decision: 1999
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 378 -- Dishonour of cheque - Complaint registered and process issued - On complainant's absence Court dismissed complaint and discharged the accused - Order passed by Magistrate must be construed as order of acquittal under S.256(1) and not of discharge - In such case remedy is to..........

Showing : 3601-3610 of 4214 Results