Showing : 1991-2000 of 2739 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Second summoning order - Summoning order issued against partnership firm and one partner - Summons could not be served - Therefore warrants of arrest ordered - Accused could not still be summoned despite issuance of warrants of arrest - Complainant thereafter filed an application giving names of..........
KERALA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Rigorous imprisonment - Can be awarded only in rarest of rare case where Magistrate is absolutely certain that the accused has calculatedly and designedly cheated the payee of the cheque as proceedings u/s 138 of the Act is of a summary trial and it is not obligatory on the part of Magistrate to..........
MADHYA PRADESH HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compounding of offence - There is no power to compound an offence punishable under S.138 of Negotiable Instruments Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Additional evidence - Case at the stage of defence evidence - Changed circumstances - If additional evidence goes to the root of the matter the same cannot be denied - Mere delay is not a ground to refuse additional evidence - It is also not a ground to refuse additional evidence on the ground..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Second revision - Application for additional evidence dismissed by trial Court - Revision filed before the Sessions Court dismissed - Dissatisfied by the orders of Courts below, petitioner filed petition u/s 482 Cr.P.C. - High Court u/s 482 Cr.P.C. can still consider the legality of the orders..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Additional evidence - Death of the person who filled the cheques - Complainant allowed to produce additional evidence to prove handwriting of deceased...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Concealment of facts - Petition for quashing the complaint - Further proceedings in the trial Court stayed - Concealment of facts that only judgment was to be pronounced by the trail Court - If full facts have been brought to the notice of Court earlier, the Court may not have used the discretion..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Company - Person who was in charge of and was responsible to the Company for conduct of business of Company is liable to be proceeded against - Other Directors can be proceeded against only if it is specifically alleged in complaint that they too participated in commission of offence - Cognizance..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- 10 Cheques dishonoured - Two notices each covering five cheques served on two different days and single complaint filed - Single cause of action arose, not when cheques were dishonoured but on service of notice and on failure to make payment - Single complaint cannot be said to be bad in law -..........
KERALA HIGH COURT
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Cheque issued for a time barred debt - Cheque dishonoured - Time barred debt is not a legally enforceable debt - Hence, accused cannot be convicted u/s 138 of the Act...........

Showing : 1991-2000 of 2739 Results