Showing : 241-250 of 2737 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Mere giving of notice by a lawyer at a station other than that of the complainant does not confer jurisdiction on a court to try an offence u/s 138 of the Act at a place where the lawyer resides...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Any dispute as to territorial jurisdiction has to be raised at the earliest opportunity, at least before the starting of trial...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Presentation of cheque before the drawee bank does not give rise to cause of action - Presentation of the cheque before the drawer bank and dishonour thereof alone gives rise to a cause of action for prosecution...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Quashing of summoning order - Accused summoned after prima facie satisfaction, on basis of material on record, that case u/s 138 NI is made out - Held, findings of fact recorded by trial court on the basis of evidence on record cannot be quashed in exercise of inherent powers..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Notice - Cost in addition to cheque amount also demanded - If cheque amount is specifically mentioned in the notice and in addition to that certain other amount is also demanded then notice cannot be held to be invalid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Revision against the summoning order allowed on the ground that trial court was not having territorial jurisdiction to entertain complaint - Second revision in the High Court held, not maintainable - Moreover there was neither abuse of process of court or miscarriage of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Accused company that is the drawer, based in Kanpur issued cheque on the drawee bank which is also placed in Kanpur - Payee company i.e. complainant having branch office at Kanpur but corporate office at Gurgaon - Cheque in question was presented for collection..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Incomplete signatures - Not a ground to get rid of the penal liability of an accused u/s 138 of the Act especially when one of the reasons for dishonour of cheque is due to insufficiency of funds...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313, 386(b)(i)-- Dishonour of cheque - Accused convicted - Appeal against - Statement of accused not recorded u/s 313 Cr.P.C. - Conviction set aside - Case remanded to proceed after recording statement of accused - Plea of acquittal for non compliance of mandatory provision - Held, appellate Court by virtue of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Components of the offence are : (1) drawing of the cheque, (2) presentation of the cheque to the bank, (3) returning the cheque unpaid by the drawee bank, (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5)..........

Showing : 241-250 of 2737 Results