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Results of s 138 of ni act

Showing : 281-290 of 2901 Results

CHATTISGARH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........

GUJARAT HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complaint was required to be filed within fifteen days of receipt of notice by the drawer of the cheque which, in this case is 09.08.2008 - However, complaint was filed on 18.08.2008 - Held, complaint was barred by limitation as..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the issuance of cheque has not been disputed, the holder of cheque is entitled to invoke the presumption u/ss 118 and 139 of NI Act...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Courts below have held that cheque has been issued for purpose of discharging the existing legal liability - Said cheque has bounced for insufficiency of funds - Held, presumption u/s 139 of the NI Act is a rebuttable presumption and accused is entitled to rebut the presumption - But in..........

MADHYA PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Complainant placed reliance on bankers note informing complainant regarding signatures being different - Contention of complainant that signatures of petitioners tallied with signatures on disputed cheque - Held, complainant cannot now turn around and state that signatures of petitioners tallied..........

DELHI HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account operated with joint signatures of two persons - Cheque issued with signatures of one person - Not a validly drawn cheque - Offence u/s 138 of the Act is not made out - It may make an offence u/s 420 IPC...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to undergo simple imprisonment for three months and to pay compensation of one lac - Plea of not issuing the cheque - Not acceptable when accused did not take any action that cheque was stolen or that it was forged/fabricated - Sentence modified - Sentence of imprisonment..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Accused is not entitled to hearing before Court considers taking cognizance of time barred complaint for dishonour of cheque...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Court has to record satisfaction that complainant had sufficient cause for not making the complaint within period prescribed...........

Showing : 281-290 of 2901 Results