Showing : 1391-1400 of 2683 Results

MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Conviction u/s 138 Negotiable Instruments Act - Appeal - Suspension of sentence - If the very order appealed against is suspended, the sentence flowing therefrom automatically gets suspended - Separate order for suspension of sentence is not required in case order appealed against is suspended...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Conviction u/s 138 Negotiable Instrument Act - Appeal - Show cause notice as to removal from service on account of judgment of conviction - If judgment of conviction is not suspended accused has to forego his employment even while appeal preferred by him against the judgment of conviction is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable deft - Money lending business alleged - If a person is advancing money casually and not professional money-lender, there is no necessity for obtaining any licence and in that event the debt is legally enforceable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business and having a Pvt. Ltd. Co. - But in the instant case loan given in his individual capacity - It was not elicited from complainant that he is financing to may others including the accused..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Supply of goods on credit - Blank cheque issued in respect of uncertain future liability - Cheque dishonoured - Offence u/s 138 cannot be inferred - Cheque issued in respect of future liabilities not in existence as on date of cheque does not attract prosecution u/s 138 of..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Complaint filed by Managing Director - A responsible officer or office bearer of Company can file complaint u/s 138 of the Act - Question whether such officer had been specifically authorised to file the complaint on behalf of the Company does not arise at all...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Dishonour of cheque - Director - Not signatory of cheque - No specific averment in complaint that he is in-charge of the day-to-day affairs of the Company - Proceedings against petitioner quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Company - Director - Quashing of proceedings - Quashing sought on ground that disputed cheques were signed by non-petitioner No.3 on behalf of company and not by petitioner - Liability arises on account of conduct, act or omission on part of a person and not merely on account..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - In order to bring a case within Section 141 of the Act, complaint must disclose necessary facts which make a person liable...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Director - Ceased to be a Director long before issuance of cheque - This fact to be proved during trial - Complaint not quashed on this ground...........

Showing : 1391-1400 of 2683 Results