Showing : 1441-1450 of 4864 Results

GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Revision against - Grant of bail - Accused convicted and sentenced to undergo two days imprisonment and to pay Rs.75,000/- to complainant - Held, bail granted to applicant subject to condition of depositing Rs.40,000/- - Order accordingly...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Application filed by accused for sending cheque in question for examination to Forensic Science Laboratory rejected - Validity - Held, accused deserves an opportunity to adduce evidence in defence or to rebut statutory presumptions available in favour of complainant..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Opinion of Expert - Dishonour of cheque - Denial of signature of drawer of a cheque - Held, best witness would be the concerned Bank Manager and not a handwriting expert...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Presentation of cheque beyond validity period - Cheque was drawn on 23rd November, 2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on 23.05.2003 i.e. one day..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued by issuer it was done..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - Complainant submitted an application that compromise is arrived at between parties and petitioner has paid full amount of cheque in question - Held, impugned judgment and order of conviction set aside in view of compromise arrived at between parties,..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all these defences can be put forth and considered during trial -..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Conviction and sentence - Revision - Compromise between parties - Petitioner/accused paid full amount of cheque in question with interest - Looking to poor condition of petitioner, in interest of justice, impugned judgment set aside in view of compromise arrived at between..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471-- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is still pending even after 5 years - Denial of speedy and expeditious trial constitutes harassment and violation of..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Restricting jurisdiction to one Court by agreement - Applicable to civil case and not to a criminal case - Criminal case can be filed in any court where jurisdiction arose and that cannot be curtailed by any private agreement - Law applicable to civil cases..........

Showing : 1441-1450 of 4864 Results