Showing : 21-30 of 50 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was any false inducement on part of petitioners - Cheques were..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471-- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is still pending even after 5 years - Denial of speedy and expeditious trial constitutes harassment and violation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 403,406,407,409,420,467,468,471,506, 120B, Criminal Procedure Code, 1973, Section 482-- Blank cheque given - Offence of making fraudulent endorsements in the blank cheque - A holder of cheque in due course is entitled to fill in the blank cheque and present the same to bank for encashment - Offence of cheating, breach of trust, misappropriation and forgery not made out - FIR is a..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, 120B, 406, Criminal Procedure Code, 1973, Section 482-- Goods not supplied inspite of payment of advance - Neither goods supplied nor money returned - A cheque was issued which was dishonoured - Held, offence, if any, is covered u/s 138 Negotiable Instruments Act - Complaint u/ss 420, 120-B, 406 IPC is not maintainable - Filing of criminal complaint..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138-- Cheque issued for supply of diesel - Payment stopped raising dispute about quality of diesel - Complaint filed u/ss 420 etc. IPC and u/s 138 NI Act - Accused summoned u/s 420 IPC only - Summoning order quashed - No offence of cheating made out - Complainant has remedy u/s 138 Negotiable..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note of fact..........
PATNA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B-- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance u/s 138 of NI..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 34-- Offence of cheating and dishonour of Cheque - Complainant entered into an agreement with the land owner for the development of land - Said agreement could not fructify and materilise as `no objection' could not be obtained - Complainant reconciled with the situation and agreed to take back the..........

Showing : 21-30 of 50 Results