Showing : 31-40 of 48 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the offences u/ss 420 & 120-B IPC - Allowing the FIR to continue..........
KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in same trial or in a subsequent trial as S.300(1) of the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the full payment cheque issued as a collateral security not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held, cause of action in both cases is different - They cannot..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at the time of..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 142, Criminal Procedure Code, 1973, Section 482-- Dishonour of Cheque - Post dated cheque - Bank informed that there is no amount in the account of drawer - Drawee filing FIR with police and offence u/s 420 IPC registered - Held, merely because the ingredients of an offence u/s 138 of Negotiable Instruments Act is attracted, it does not prevent..........
ORISSA HIGH COURT
Year of decision: 2005
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420-- Dishonour of cheque - Insufficient funds - Offence is covered u/s 138 NI Act - Provision of Section 420 IPC is not attracted unless mala fide intention of the person issuing the cheque is established - Dishonest intention and misrepresentation are to be specifically indicated to attract the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Complaint u/s 138 Negotiable Instruments Act and S.420 IPC - Accused summoned in offence u/s 138 only - Complaint dismissed for want of prosecution - Amounts to acquittal - Second complaint u/s 420 IPC not maintainable even if no summoning order was issued u/s 420 IPC...........

Showing : 31-40 of 48 Results