Showing : 61-70 of 2810 Results

GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Applicant/accused No.2 is neither signatory to cheques in question which are dishonored nor same are drawn from bank account maintained by him - Held, applicant cannot be held guilty for offence u/s.138 of NI Act for dishonour of cheques which are neither issued by him nor..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Contract Act, 1872, Section 25(3)-- Dishonour of cheque - Cheque issued towards time barred debt - Held, promise to pay time barred debt becomes a valid contract - Such cheque becomes a cheque drawn in discharge of a legally enforceable debt as contemplated by explanation to S.138 of NI Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and issued cheque..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 31-- Dishonour of cheque - Conviction - Sentence - Conviction of petitioner in two cases for offence u/s.138 of NI Act - Sentences awarded in both cases - Petitioner is not a habitual offender as no other case of similar nature is pending against him - He is having no criminal background - Judgments in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Sole proprietorship firm - Vicarious liability of employees - Held, sole proprietorship firm would not fall within the meaning of partnership firm or association of individual - Vicarious liability cannot be fastened on employees of a sole partnership firm by taking aid of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204-- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint accrued only on expiry of 15..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Statutory notice to advocate of accused - Validity - Held, reply notice issued by complainant to advocate for accused can be termed as statutory notice provided it fulfill statutory obligation provided u/s.138 of the NI Act and copy of notice has to be sent to accused..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........

Showing : 61-70 of 2810 Results