Showing : 541-550 of 4970 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431-- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for his debts - Provision of Ss.421, 431 Cr.P.C. and S.70 of..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431-- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal against conviction - Since property which came into the hands of wife of accused was admittedly owned by accused, said property is received by her naturally, with all..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Notice - Offence by company - Notice demanding payment issued upon Director/authorised signatory of cheque, who has represented drawer company in course of transaction - Shall be deemed to be notice issued upon company itself as knowledge of notice to human agency is..........
KERALA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Territorial jurisdiction - Once Court finds that it does not have territorial jurisdiction, Court has to act in terms of S.142-A(1) of the Act - It does not matter whether the case is in the register of long pending cases or not...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 118, 139-- Dishonour of cheque - Rebuttable presumption - Once the signature in the cheque has been admitted, complainant shall invoke presumption u/ss.118 & 139 of the Act that the cheque has been issued for discharging legally enforceable debt...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 118, 139, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Presumption - Admittedly signature in the cheque has not been disputed - Cheque has been issued to `R' in another transaction and not to the respondent/complainant - Moreover, it is duty of the accused to prove that the cheque has been issued to `R' and not..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Police investigation - Complaint u/s 138 of the Act has to be in writing and should be filed and signed by payee or holder in due course as the case may be before concerned Court - There is thus, no scope to refer the case for police investigation or enquiry - Exception..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202-- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and availed the loan..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Proprietorship firm - Proprietor of firm authorised her husband to sign the cheque - Merely because accused/proprietrix is not drawer of cheque does not exonerate her from criminal liability and hence accused is necessary party to proceedings...........

Showing : 541-550 of 4970 Results