Showing : 1561-1570 of 4901 Results

UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Appeal - Condition imposed in the bail order by Sessions Judge to pay compensation of Rs.10,000/- for granting bail in appeal relating to a cheque of Rs.5,000/- - Challenge thereto - Held, condition modified - Petitioner directed to deposit Rs.5,000/-..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor - In summary..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Summary trial - Delivering of judgment - Judgment was not delivered by Magistrate who recorded evidence - Judgment was delivered by his successor relying upon evidence adduced by his predecessor - Held, impugned judgment liable to be set aside - Case remanded to trial Court..........
ALLAHABAD 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 - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court u/s.482 Cr.P.C. -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 482-- Dishonour of cheque - Conviction on the complaint of different complainants - Offence not committed during course of same transaction - Consecutive sentence - Accused is a lady and she is in jail since more than 8 months - When a given transaction constitutes two enactments it is wrong to have..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis of evidence recorded..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Proviso (b) Dishonour of cheque - Notice - Return of first notice with endorsement `Door locked and left' - Issued another notice after collecting correct address beyond prescribed period - Notice is invalid and cannot be treated as continuation of first notice - Proviso (b) to S.138 of the Act..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326-- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings successor Judge or..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - If objection as to territorial jurisdiction is raised before trial commences, then Court should first decide the same if it can be decided on the basis of facts before it and on a finding of lack of jurisdiction to return the complaint for presentation before..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 462-- Dishonour of cheque - Jurisdiction - The issue of territorial jurisdiction if not raised during trial will not vitiate the finding, sentence or order on this count unless the accused is able to show that it has occasioned a failure of justice or that prejudice has been caused to him...........

Showing : 1561-1570 of 4901 Results