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Results of s 138 ni act s

Showing : 1421-1430 of 2901 Results

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards time barred debt - Once the cheque is issued, accused cannot contend that it is not in respect of legally enforceable debt - Time barred debt is also valid consideration...........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lending business - Question as to complainant having no money lending licence is not relevant in a complaint filed u/s 138 NI Act which is more in quasi civil and criminal in nature...........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Prosecution of Chairman and Director of Company - Concurrent finding of Trial Court and First Appellate Court that accused were in charge of and were responsible to company for conduct of its business - Such finding needs no interference in revision...........

MADRAS HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 219, 220(1) -- Dishonour of cheque - Accused issued 16 cheques of different dates in discharge of liability - All the cheques dishonoured - Single notice issued - One complaint in respect of 16 cheques is maintainable...........

MADRAS HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 219, 220(1) -- - Dishonour of cheque - Part of same transaction - Accused issued 16 cheques in discharge of liability - All the cheques dishonoured - Offences committed by same person in respect of 16 cheques must be held to be part of same transaction - One complaint in respect of..........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Dishonour of cheque - Cheque alleged to be forged before filing complaint - Held, if offence is committed pertaining to document prior to its production in Court and when it was not in custody of Court then bar u/s 195(1)(b)(ii) of Cr.P.C. does not arise and complainant..........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint under section 138 of the Act - Cheque alleged to be forged before filing complaint - Accused lodged complaint under sections 464, 468, 389, 420 r/w section 511 IPC - Bar under Section 195(1)(b)(ii) is not applicable - In the interest of justice both matters ordered to be heard and disposed by..........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is required for debtor's..........

DELHI HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Manager filed complaint - Manager not duly authorized by Board of Directors to sign and file the complaint - Not a ground for quashing the complaint...........

KERALA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Co-operative Society - Secretary signatory of cheque - Signatory of cheque if ceases to be Secretary on the date when offence was committed cannot be prosecuted u/s 138 of the Act - Crucial date for determining date when offence was committed is when cheque is returned by the bank unpaid - A person can be prosecuted for..........

Showing : 1421-1430 of 2901 Results