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Results of s 138 negotiable instruments

Showing : 3731-3740 of 5145 Results

MADRAS HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Company - Director resigned prior to issuance of cheque - No counter credential projected by complainant - Petitioner cannot be fastened with criminal liability under Section 138 of the N.I. Act...........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Insufficient funds - Request to represent the cheque coupled with the promise that cheque would be honoured - Does not amount to 'making the payment' within the meaning of S.138(c) of the Act...........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Not proper to dismiss complaint - Complaint should be kept pending till the ripening of cause of action or complaint to be returned with an advice to the complainant for presentation after completion of necessary statutory period...........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Time barred debt - Cheque issued for discharge of time barred debt - Prior to issuance of cheque accused executed an affidavit/undertaking admitting the loan amount and confirming the outstanding balance - Debt becomes legally enforceable debt - Cheque given in payment of such debt if dishonoured then accused is liable to be..........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 204(2) -- Dishonour of cheque - A witness whose name does not appear in the list of witnesses (in the instant case list of witnesses not filed) can be examined as a witness in view of S.254(1) of the Code - S.204(2) does not override S.254(1) of the Code...........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Account number changed without consent of drawer as drawer of cheque had closed the account of which the cheque was issued - Amounts to material alteration - Instrument void in law - No action lies u/s 138 of the Act...........

RAJASTHAN HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures - Handwriting expert - Accused did not dispute the handwriting on the cheque - Opinion of handwriting expert not necessary - Application filed by accused to that effect rightly dismissed...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement 'Not claimed' - It means that accused was in the knowledge that a notice is sent and he intentionally avoided to receive the same - Presumption is that notice was served...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Dismissal of complaint in default - Magistrate before dismissing the complaint in default should record reasons as to why he does not deem it proper to adjourn the hearing - When no such reasons are forthcoming, complaint ordered to be restored...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of accused due to illness - Process not issued - Single default not sufficient to dismiss the complaint in default when cause shown by complainant for absence is not disbelieved...........

Showing : 3731-3740 of 5145 Results