Showing : 361-370 of 2735 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482-- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an affidavit acknowledging the..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Given to one partner of firm - Other partner had already expired - It cannot be said that notice suffers from such illegality on the basis of which complaint can be quashed...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque signed by petitioner No.1 a partner on behalf of firm - He was a responsible person for business of firm - It cannot be said that for his role it is necessary to plead that he was responsible for day-to-day business of firm...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - No averment in complaint that accused No.4 or accused No.5 ever signed any cheque - No averment in complaint that they are directors of company on behalf of whom cheques were issued - Complaint qua accused Nos.4 & 5 quashed...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Existence of debt is not the subject matter of presumption u/s 139 of the Act - The drawee of the cheque has to prove the existence of debt or liability - It is only upon such proof of existence of debt that presumption u/s 139 of the Act to the effect that..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued against loan - Date of loan on which it was advanced not stated - Loan advanced in January but cheque bears date of March - It is clear that no consideration has passed under the cheque in March as even according to complainant loan was advanced in..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138-- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which was in possession of Secretary, co-accused - Cheque..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Accused alleged that a blank cheque was issued by way of security - Complaint filed at a place where neither agreement executed nor cheque issued - Held, continuation of proceedings would be an abuse of process - Proceedings quashed...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401-- Dishonour of cheque - Conviction - Revision against - Fine of Rs.1., 50, 000/- imposed - Conviction confirmed - However, sentence of fine reduced from Rs.1.50 lacs to Rs.1.10 lacs payable to complainant as compensation, within three months...........
CLACUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374-- Dishonour of cheque - Proceedings terminated in conviction - Appeal dismissed on ground that neither accused nor his lawyer came present in Court on date fixed - Held, criminal appeal preferred against order of conviction cannot be disposed of without giving opportunity of hearing to..........

Showing : 361-370 of 2735 Results