Showing : 1391-1400 of 2735 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 561A-- Dishonour of cheque - Process issued - Quashing of proceedings - Cheque not presented within its validity period i.e. six months - Liability u/s 138 of Act not incurred - Proceedings quashed...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - For invoking criminal liability under S.138 of the Act, cheque is required to be presented to the drawee bank or the payee bank within the period of six months from the date of its issue...........
DELHI HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Cheque signed by an officer of company - Such officer is liable - Mere fact that he was an officer of company and was a signatory of cheque brings him within the ambit of S.141(2) of the Act...........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to impose a..........
DELHI HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bail - Condition imposed that 'prior to going out of India, accused to seek permission of Court' - No such condition can be imposed while granting bail in a bailable offence - Such condition set aside - Direction requiring petitioner to inform Court in writing regarding his..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Company - Director resigned prior to issuance of cheque - No counter credential projected by complainant - Petitioner cannot be fastened with criminal liability under Section 138 of the N.I. Act...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138(c)-- Dishonour of cheque - Insufficient funds - Request to represent the cheque coupled with the promise that cheque would be honoured - Does not amount to 'making the payment' within the meaning of S.138(c) of the Act...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Time barred debt - Cheque issued for discharge of time barred debt - Prior to issuance of cheque accused executed an affidavit/undertaking admitting the loan amount and confirming the outstanding balance - Debt becomes legally enforceable debt - Cheque given in payment of such debt if dishonoured..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Premature complaint - Not proper to dismiss complaint - Complaint should be kept pending till the ripening of cause of action or complaint to be returned with an advice to the complainant for presentation after completion of necessary statutory period...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 204(2)-- Dishonour of cheque - A witness whose name does not appear in the list of witnesses (in the instant case list of witnesses not filed) can be examined as a witness in view of S.254(1) of the Code - S.204(2) does not override S.254(1) of the Code...........

Showing : 1391-1400 of 2735 Results