LawMirror.com

Results of s 138 of ni act

Showing : 681-690 of 2901 Results

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction in sentence - Entire amount of compensation alongwith fine as directed by trial Court paid - Accused facing criminal prosecution for the last seven years - Accused did not commit earlier any such or similar offence - Sentence of imprisonment set aside...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cross-examination of witness of complainant - Accused availed numerous opportunities for same, but cared not to conclude it - Cross-examination ordered to be closed considering age of case and previous order granting time as final opportunity to accused - Held, it would be prudent to give accused another..........

DELHI HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal endorsement of `Refusal' 8.12.1998 - There is presumption of service of notice when notice is received back with an endorsement of refusal - Second notice issued on the basis of which complaint filed - Held, cause of action arises once only - Complaint not filed within time on the basis..........

DELHI HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonor of cheque - Expert opinion- Accused denied his hand-writing and signatures on cheque allegedly issued in course of business dealing - Complainant made no efforts to refer cheques to hand-writing expert - However, accused prepared to give his specimen signatures and hand-writing for..........

ORISSA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at appellate stage - Parties can compound the offence even at the appellate stage of the proceedings - Once a person is allowed to compound a case conviction u/s.138 of the Act should also be set aside...........

MADRAS HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint cannot be thrown out - If complaint is filed prior to date of cause of action same cannot be thrown out - Cognizance can be taken after accrual of cause of action...........

UTTARAKHAND HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 202, 200 -- Dishonour of cheque - Complaint - Summoning order - Recall - Magistrate has no jurisdiction to recall its own summoning order...........

Showing : 681-690 of 2901 Results