Showing : 1981-1990 of 2739 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Civil suit as well as complaint u/s 138 filed - Civil suit decreed in favour of drawee - No ground to quash criminal proceedings which have to continue to its logical end...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- `Notice' - Sent by registered post - Drawer intimated by post, 'received one empty envelope without any content in it, therefore request you to kindly send the content, if any' - Complainant sending fresh notice after representation of cheque - Complaint filed thereafter is maintainable as the..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Appeal against conviction - Suspension of sentence - While suspending sentence it is advisable that Court imposes a condition that fine part is remitted within a certain period - If fine amount is heavy, Court can direct atleast a portion thereof to be remitted...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Post dated cheque - Becomes a cheque on the date which is written thereon - Six months period has to be reckoned from the date mentioned on the face of the cheque and not any earlier date on which the cheque was made over by the drawer to the drawee...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29-- Sentence and fine - Magistrate of First Class is empowered to impose sentence of not more than 3 years and fine can't exceed Rs.5, 000/- but u/s 357 Cr.P.C. Magistrate can award any amount of compensation - If Magistrate thinks to impose sentence more severe, in that case u/s 325 Cr.P.C. he is to..........
KERALA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Withdrawal of complaint - Only option available to the Court is either to grant sanction to withdraw from the prosecution or to acquit accused under S.256 (1) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Withdrawal of complaint - Taking coercive steps against the accused after the complainant submits application for withdrawal of complaint on complaint's continuous absence is an abuse of the process of Court...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Notice - Notice issued in name of Director who signed cheque - Notice proper - Notice cannot be construed in a narrow technical way without examining substance of matter - Prosecution proceedings cannot be quashed on the ground that notice was not served on Company...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Deposit of amount in Court during pendency of case - Does not absolve accused of criminal liability - In matter of awarding sentence it may have some effect - Complaint cannot be quashed on account of deposit of money in Court...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- `Account closed' - Cheque returned with this endorsement - Amounts to dishonesty as such comes within the definition of the provision...........

Showing : 1981-1990 of 2739 Results