Showing : 41-50 of 2810 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89-- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and also..........
DELHI HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, , Section 3- - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219-- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not dishonour of cheques..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9-- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be concluded that while..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down u/s 200 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any material particulars..........
SIKKIM HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because compromise agreement has..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque returned with endorsement `refer to the drawer' - Held, prima facie an offence punishable u/s.138 of NI Act is made out when cheque is returned with endorsement `refer to the drawer'...........

Showing : 41-50 of 2810 Results