Showing : 1451-1460 of 4864 Results

GAUHATI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice issued - Complaint not filed - Notice issued for the second time - Complaint filed on the basis of dishonour of cheque for the second time - Cause of action cannot be extended once the notice is received by the drawer of the cheque and payment is not made - Conviction..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Discharge of existing debt or liability - Winding up proceedings - Cheques issued by appellant towards outstanding amount in respect of supply of goods by respondent were dishonoured - Further, no acceptable explanation given by appellant as to why cheques were dishonoured -..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - Existence of - Proof - Respondent used to provide licence to Appellant which is business transaction between them - Cheque was obtained from respondent for security purpose - There was no money transaction between parties - Held, necessary corollary..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Validity - Complaint and oral evidence of appellant/complainant are silent as to date of receipt of notice by accused - Reply notice sent by respondent/accused was not marked - It is not stated in reply notice that when accused received notice - Held, it cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,142(2)-- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Complaint - Issuance of process - Procedure to be followed - Held, for purpose of issuing process u/s.200 CrPC it is open to Magistrate to rely upon verification in form of affidavit filed by complainant in support of complaint u/s.138 of N.I. Act and Magistrate is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Sentence - Modification of - Five cheques amounting to Rs.4,37,500/- got dishonoured - Sentence of 8 months period of SI imposed on accused - Held, it is on the higher side - Sentence of SI reduced from 8 months to 6 months - Penalty of a sum of Rs.2,000/-..........

Showing : 1451-1460 of 4864 Results