Showing : 521-530 of 2739 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued and duly served - No action taken on non payment - Notice issued for the second time - Complaint filed on the basis of second notice - Cause of action to file complaint on non-payment despite issue of notice, arises once - Another cause of action would not arise..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Continuous business dealings - Rs.3 lakhs as outstanding dues - Five cash credit memos produced in evidence - Cheques issued towards part payment - Existence of legally enforceable debt outstanding in the name of accused at the material time becomes..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313-- Dishonour of cheque - Accused aged persons aged persons and enjoying benefit of exemption from appearance - Permission sought for examination u/s 313 Cr.P.C. by supplying questionnaire to the Advocates - Held, pragmatic and humanistic approach is to be adopted as accused are unable to reach the..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145, Evidence Act, 1872, Section 142, Constitution of India, 1950, Article 21-- Dishonour of cheque - Complainant can tender affidavit in lieu of examination-in-chief u/s 145 of N.I. Act - Held, provision of S.145 of N.I. Act is neither violative of right of accused to have fair trial nor violative of provisions of S.142 of Evidence Act - Accused can cross examine complainant..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - It is mandatory to allege and aver in the complaint that accused was incharge and responsible for the conduct of business of the company...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Every Director of the Company cannot be deemed to be incharge and responsible for the conduct of business of the company - Managing Director or Joint Managing Director are deemed to be incharge and responsible for the conduct of business of the company...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Companies Act, 1956, Ss.456, 457 - Dishonour of cheque - Offence by Company - Wind up proceedings against the company - Provisional Liquidator appointed - Directors of the company cannot be held responsible after appointment of Liquidator...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Recall of process - An accused aggrieved by the issuance of process has the remedy to approach High Court either u/s 482 Cr.P.C. or under Article 226/227 Constitution of India and not to the same Magistrate who issued the process as he has no jurisdiction to recall the..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque - A trust is reposed to fill the amount as per the understanding or agreement between the parties - If there is prima facie reason to believe that said trust is not honoured then continuation of prosecution u/s 138 of the Act would be the abuse of process of law..........

Showing : 521-530 of 2739 Results