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Results of s 138

Showing : 2681-2690 of 5315 Results

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court within jurisdiction of one High Court to a Court within jurisdiction of another High Court - Petition for transfer of complaint is maintainable in the High Court having supervisory jurisdiction of Court where complaint is filed...........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Expert opinion - Dishonour of cheque - Comparison of disputed document with admitted document - Duty of Court - Held, Court should be slow to compare disputed document with admitted document for comparison although S.73 empowers Court to compare disputed writings with specimen/admitted..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 93, 141 -- Dishonour of cheque - Offence committed by Govt. company - Notice of dishonour issued only to company and not to its Managing Director and General Manager - Held, M.D. and G.M. cannot be prosecuted for want of statutory notice - Complaint quashed...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question of loss of cheque book - Held, this is a disputed question of fact which can be looked into by trial Court - It is not desirable on the part of High Court to form any opinion with incomplete evidence before it - Proceedings..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Filing of - Notice was sent on 15.11.2003 - Complaint was filed after 46 days on 01.01.2004 - Held, period of 45 days is required to be calculated from the date of receipt of notice - Since last date of limitation fell during Christmas holidays, complaint could be presented by petitioner..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482 -- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Given to one partner of firm - Other partner had already expired - It cannot be said that notice suffers from such illegality on the basis of which complaint can be quashed...........

Showing : 2681-2690 of 5315 Results