Showing : 3291-3300 of 5175 Results

GAUHATI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Time barred complaint - Unless Court condones delay in making complaint, cognizance of offence cannot be taken - Accused to be heard before delay is condoned - Impugned order taking cognizance set aside and matter remanded...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compromise in revision - Offence under Act is compoundable - Complainant permitted to compound offence - Accused acquitted...........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Accused convicted and sentenced to three months imprisonment and to pay compensation of Rs.50, 000/- - Revision against - Cheque amount Rs.35, 300/- - Accused agreeable to pay the compensation double the amount of cheque immediately - Accused to pay Rs.70, 000/- as..........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 138, 32-- Uncross examined testimony of a witness - Provision of S.32 Clause 7 is not applicable to such a testimony - Uncross examined testimony of a witness cannot be read u/s 32 of Evidence Act...........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 138-- Cross examination - Witness remained uncross examined - Witness could not be subsequently cross examined as he became incapable of giving evidence due to infirmities of the old age - Held, an uncross examined testimony of witness cannot be read in evidence, as the right of cross examination is an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint - The only remedy available to the complainant is to approach High Court u/s..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Wrong date noted by counsel - Reason for non appearance, held, bonafide - Complaint ordered to be restored...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Cheque without consideration - Onus to prove is on person who asserts so - Accused neither examined himself nor examined any witness - Burden of proving that the cheque was not issued towards discharge of any debt or other liability was thus not discharged...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Post dated cheque issued - Amount not reflected in Income-tax return - Loan given from personal account - For this reason complaint might not have felt the necessity to reflect the same in his income-tax return - No interference in order of conviction...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357-- Dishonour of cheque - Sentence - Court may enforce order of payment of compensation by imposing sentence in default - Contention that the substantive sentence of imprisonment in default of payment of compensation could not have been imposed rejected...........

Showing : 3291-3300 of 5175 Results