Showing : 151-160 of 285 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...........
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...........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheques - Cheques issued in advance towards future rental liability - No existing or past liability at the time of issuance of cheque - For prosecution u/s 138 of the Act it is necessary that cheque should have been issued in respect of either past or current existing debt or other..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheques issued in advance towards future rental liability - Premises taken on rent - Premises vacated before the expiry of lease period in breach of agreement - Held, there is no legal obligation on the part of accused to effect clearance of cheque issued towards the rental..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued as security for repayment of debt - It is a negotiable instrument - Dishonour of cheque - Drawer of cheque incurs liability of prosecution under Section 138 of the Act...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Company - Cheque dishonoured - 'Account freezed' on account of winding up proceedings - Company having issued cheque for subsisting liability is bound to see that cheques are honoured at any cost - Freezing of account is not on account of act of complainant but it is on account of act of 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..........
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..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint can be filed by power of attorney holder - Sworn statement of power of attorney can be recorded at the very inception - Only during the course of trial, the payee will have to come to the box and speak from his knowledge about the legal liability of the drawer,..........

Showing : 151-160 of 285 Results