Showing : 1551-1560 of 4864 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407-- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid ground is raised..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability,..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Appellant/complaint failed to tell Court the date on which loan was given to accused/respondent - He has merely made a vague allegation - Held, he has not been able to establish that cheque in dispute was given to him in order to discharge a debt or a..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque drawn on Bank at place `B' - Dishonoured by drawee Bank at `B' - Demand notice received at `B' and failure to pay within 15 days also occurred at `B' - Held, Courts at place `K' have no jurisdiction to entertain complaint...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Offence u/s 138 of the Act is compoundable - Over-rides S.320(9) Cr.P.C. - That does not mean that it obliterate all statutory provisions of S.320 Cr.P.C. relating to mode and manner of compounding of an offence - In view of S.4(2) Cr.P.C., the basic procedure of compounding..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque given to brother of complainant not to discharge debt or liability but by way of security - Presumption u/s 139 of the Act, held, rebutted - Acquittal - Leave to appeal refused...........

Showing : 1551-1560 of 4864 Results