Showing : 71-80 of 2810 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by Trust - Held, a Trust, either private or public/charitable or otherwise, is a juristic person who is liable for punishment for offence punishable u/s.138 of NI Act - Such a Trust, having either a single trustee or two or more trustees, is a company in terms of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Parties have entered into a settlement during pendency of appeals - Terms and conditions settled between parties - Held, in view of the settlement, parties permitted to compound offence punishable u/s 138 of NI Act...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused persons - Of..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Amount involved in dishonoured cheque was Rs.9,00,000/- - Trial Court imposed a fine of Rs.100/- on first accused and directed second accused to pay compensation of Rs.1,00,000/- to complainant - Held, since complainant has established his case against..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Criminal Procedure Code, 1973, Ss.200, 202 - Dishonour of cheque - Issue of process - Magistrate considered not only the examination of complainant made u/s 200 of Cr.P.C., but also the relevant documents and then issued the process - Legality of - Held, in a case like present one, the other..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Conduct of trial - Duty of Court - Held, proceedings under NI Act shall be conducted as expeditiously as possible - A duty is cast upon Court concerned to conclude trial within six months from date of filing of complaint - At least an endeavour has to be made in that respect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91-- Dishonour of cheque - Production of document - Requirement - Held, the first and foremost requirement of S.91 Cr.P.C. is about the document being necessary or desirable for the purpose of trial of the case u/s.138 of NI Act - No roving enquiry can be allowed to be undertaken into the matter by..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already adduced by..........

Showing : 71-80 of 2810 Results