Showing : 3531-3540 of 5193 Results

KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101-- Dishonour of cheque - Defence - Failure on the part of the accused to establish his case does not automatically be a ground to hold that the prosecution has proved its case - U/s 101 Evidence Act the burden is on the prosecution to prove its case and such burden is not discharged by showing that..........
DELHI HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director's responsibility - Complainant has to specifically show as to how and in what manner the accused alleged director was responsible for the conduct of business of the company or otherwise responsible to it in regard to its function - Allegations bald and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recall of witness - Bank witness produced but through oversight the dishonoured cheque and memo issued by Bank not exhibited - It is a case of oversight and not an attempt to fill in the lacuna - Production of cheque and memo is necessary for the just decision of a complaint..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue the..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Dismissal of complaint in default - Complainant appeared in Court in later part of the day - Held, dismissal of complaint was erroneous - Order of dismissal set aside...........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Not possible to lend money without any document - Date of lending money not mentioned in complaint and notice - Ledger extract or any letter sanctioning loan amount or pronote to show sanction of loan not produced -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - During pendency of complaint Court allowed the son of complainant, his general power of attorney holder, to continue the proceedings - No ground to quash the proceedings...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Only such person is liable if at the time when offence is committed he was incharge and was responsible to the company for the conduct of the business of the company...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - There should be a specific allegation in the complaint as to the part played by a Director in the transaction - There should be clear and unambiguous allegation as to how the Directors are incharge and responsible for the conduct of the business of the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Allegations in complaint that respondent accused Nos.2 to 12 were Directors/persons responsible for carrying out business of company and the liability of accused persons was joint and several - High Court held that there is no clear averment or evidence..........

Showing : 3531-3540 of 5193 Results