Showing : 3871-3880 of 4987 Results

KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Proprietorship firm - Cheque issued by proprietor - Firm need not to be impleaded as a party - Proceedings can be launched against the person who had drawn the cheque whether it is in his capacity as the proprietor of the firm or in personal capacity...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- `Stop payment' - Non fulfilment of conditions of contract by complainant - Contents of accusation read over to accused - Case fixed for evidence - No question of stopping the proceedings arises - Application for quashing of complaint rightly dismissed by Court below...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73-- Cheque - Name, date and amount alleged to be put by the complainant and complainant denied this suggestion - Court directing for comparison of handwriting of complainant with the disputed handwriting on the cheque - Held, Magistrate has committed no illegality or irregularity...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73-- Cheque - Name, date and amount alleged to be put by complainant and complainant denied this suggestion - Accused moved an application for comparison of his handwriting with the disputed handwriting on the cheque - Court instead ordering comparison of handwriting of complainant with the disputed..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Part payment made - Cheque presented for the entire amount and dishonoured - Notice issued for the balance amount due - As demand is for the lesser amount than covered by the cheque as such it is not a valid notice - Accused is entitled for acquittal...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Must be for the payment covered by cheque - If demand is for a lesser amount or for a higher amount not covered by the cheque, which was dishonoured, then the prosecution must fail as the statutory requirement of S.138 Proviso (b) is not fulfilled...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 397, 377, 482, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Inadequacy of sentence - Appeal against - Not maintainable - Right to file such appeal vests exclusively with State and private complainant at whose complaint criminal proceedings were initiated has not been given such right - Private complainant is however competent to..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Company - Notice served upon sister concern - It is for complainant to prove that acknowledgement issued was by some one authorised on behalf of accused company and not by any body from sister concern - PW 1 examined on behalf of company on point had no knowledge who had put initials and..........
KERALA HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Post dated cheque issued against loan taken for motor vehicle on hire purchase basis - Default in repayment of loan - Possession of vehicle taken by owner - Hire purchase agreement is thus terminated - Dishonour of cheque - Held, when cheque is presented and dishonoured after termination of hire..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Returned with endorsement 'Intimated-Unclaimed' - Deemed service of notice - In absence of an averment in the complaint that accused is evading service, presumption as to deemed notice cannot be raised...........

Showing : 3871-3880 of 4987 Results