Showing : 771-780 of 5191 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Friendly loan - Proof of - Agreement and corresponding promissory note and an affidavit - Rebuttal - Loan amount not shown in ITR return of complainant - Accused rebutted the presumption by establishing that no loan was advanced even though there was an agreement and a..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Delay - Condonation - There is no hard and fast rule as to what constitutes sufficient cause to condone delay - A provision should be liberally construed so as to give substantial justice to the approaching party...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Summary trial - S.143 of Act permits sentencing of an accused even though tried in a summary manner for an imprisonment for a term not exceeding one year...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to order of acquittal..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5)-- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible only after the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Legally enforceable debt - Presumption - Cheques issued for return of purchase price of a plot - Plea that cheques were issued as advance payments and not in respect of legally enforceable debt - Plea rejected - At the stage of summoning accused, there is statutory..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Territorial jurisdiction - Complaint is maintainable at the place where branch of bank of payee/complainant is located and where cheques were delivered for collection...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Disclosure of date of service of notice in complaint - It is not the requirement of law that date of service of statutory notice is to be disclosed in complaint at the stage of summoning - Where complaint alleges that registered notice was issued, presumption of due service..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - Complaint is pre mature and is not maintainable...........

Showing : 771-780 of 5191 Results