Showing : 881-890 of 5210 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141, Constitution of India, 1950, Article 72, 226-- Dishonour of cheque - Grant of pardon by President - Judicial review - Accused convicted and sentenced till rising of Court and to pay compensation of Rs.57,97,940/- to complainant and said order confirmed by Supreme Court - Even, President rejected clemency petition after consulting State and..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138(c)-- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre-mature complaint - It is the date of taking cognizance in the matter and not the presentation of complaint which matters - In the instant case cognizance was not taken on the date of presentation of complaint - Petition to quash proceedings dismissed...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C. not yet framed - Petitioner has an alternate and efficacious remedy available to them to urge the pleas taken herein before trial Court at the time of framing of notice u/s 251 Cr.P.C. - Inherent power to quash proceedings not..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251-- Dishonour of cheque - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioners be not insisted by trial Court upon petitioners filing an application u/s 205 Cr.P.C. along with their affidavit...........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Substitution of complainant - Permissibility - Complaint u/s 138 of Act was lodged by a proprietary concern through its proprietor - During the pendency of trial, entire business of proprietary concern were taken over by a private limited company - Such company..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Notice to company - There is no requirement to give separate notice to Directors of company - Such Directors who are in charge of affair of Company and responsible for affairs of Company, would be aware of the receipt of notice by the Company u/s 138 of the Act - If..........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of no existing debt or liability, loss of cheque and stop payment - Accused not only signed the cheque but date thereon is also in his hand - Complaint to police about loss of cheque not proved - Stop payment prior to dishonour by itself is not sufficient to cause any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date complainant could not..........

Showing : 881-890 of 5210 Results