Showing : 1831-1840 of 5191 Results

CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Cheque drawn on Bank at place `B' - Dishonoured by drawee Bank at `B' - Demand notice received at `B' and failure to pay within 15 days also occurred at `B' - Held, Courts at place `K' have no jurisdiction to entertain complaint...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal - Validity - Appellant/complaint failed to tell Court the date on which loan was given to accused/respondent - He has merely made a vague allegation - Held, he has not been able to establish that cheque in dispute was given to him in order to discharge a debt or a..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Compounding and quashing - Difference - Quashing of a case is different from compounding - In quashing Court applies it but in compounding it is primary based on consent of injured party - Two cannot be equated...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is not automatic on sanctioning of a scheme u/s 391 of Companies Act - Compounding of offence is always controlled by statutory provision - There are various features in the compounding of an offence..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, 482- - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act is compoundable - But in order to make the offence compoundable the mode and manner of compounding such offences must be followed...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391-- Dishonour of cheque - Offence u/s 138 of the Act is compoundable - Over-rides S.320(9) Cr.P.C. - That does not mean that it obliterate all statutory provisions of S.320 Cr.P.C. relating to mode and manner of compounding of an offence - In view of S.4(2) Cr.P.C., the basic procedure of compounding..........

Showing : 1831-1840 of 5191 Results