Showing : 1451-1460 of 4901 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complainant's case that cheque issued by petitioner's husband in respect of consideration for purchase of chamber for petitioner got dishonoured - No averment in complainant against petitioner except that she in wife of drawer of cheque in question - All dealings were made by..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406-- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the same - Test to ascertain whether the two offences are the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mens rea - In prosecution u/s 138 N.I. Act, mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,139-- Dishonour of cheque - Presumption - Under Section 139 of the Act legal presumption is that cheque had been issued for discharging antecedent liability and that presumption can be rebutted only by person who draws cheque...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Conviction - If fine is imposed, it is to be adjusted to meet legally enforceable liability...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal of - Validity - Case of respondent/complainant that cheque given by petitioner/accused on account of transaction that took place between parties got dishonoured - Petitioner has not paid any amount after receiving notice from respondent - Lower Court..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,87,20-- Dishonour of cheque - Filling the blanks in the cheque by complainant - Expert evidence - Contention that complainant filled up contents of cheque and misused the same - Accused neither disputed his signatures on said cheques nor issuance of same to complainant - Held, proof of filling up of..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Prosecution of directors - Validity - Only allegations against petitioners were that they were directors of accused company - Held, it cannot be said that the acts committed by them would sufficiently make out petitioners to be vicariously liable - It is trite that so far as..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Held, in order to bring a case within S.141 of the Act, complaint must disclose necessary "facts" which make person liable...........

Showing : 1451-1460 of 4901 Results