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Results of s 138 negotiable

Showing : 2921-2930 of 5146 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Wrong noting of date by clerk - Discretion to dismiss the complaint on the technical ground of non appearance of the complainant should be exercised judicially and fairly without impairing the cause of administration of criminal justice - Complaint restored and Court to proceed..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Cheque presented at Srinagar - Bank memo regarding non encashment received at Srinagar - Notice issued at Srinagar - Offence under Section 138 of the act consists of various acts like drawing of cheque, presentation of cheque to the bank, returning of cheque unpaid by drawee bank, giving..........

GAUHATI HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Offence contemplated u/s 138 consist of 5 components i.e. drawing of the cheque, presentation of cheque to the bank, returning the cheque unpaid by the drawee bank, Notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure of the drawer to make..........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - No averment in complaint pointing out the specific role played by any of the partners - No averment as to who signed the cheque - No illegality in impugned order discharging accused...........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Account not maintained by accused - Held, to attract an offence u/s 138 of the Negotiable Instruments Act it is mandatory that cheque should be issued by accused in account maintained by him...........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........

KERALA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspicious circumstances surrounding the transection - No satisfactory explanation tendered by the holder of the instrument - Conviction is not legally permissible, solely banking upon the statutory presumption - Court is expected to examine whether the transaction covered by the cheque is genuine and..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Complaint against firm and its partners - Quashing of complaint sought on the ground that petitioners are not partners of the firm - Complaint cannot be quashed on this ground - This plea can only be determined at the trial and cannot be gone into u/s 482 Cr.P.C. - Petition dismissed...........

Showing : 2921-2930 of 5146 Results