Showing : 541-550 of 5180 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - When complainant is not ready and willing to compound offence, it cannot be compounded as per provision of S.147 of the Act - Therefore, S.147 of the Act only permits compounding of offence but there is no such intention of Legislature to compel..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - Reason for dismissing complaint was beyond the control of complainant - Therefore, to meet ends of justice, complainant is given another chance to put forward his claim - Complaint ordered to be restored to its original number and trial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque given for repayment of loan installment which is also described as security in loan agreement is covered u/s 138 of the Act, as expression security refers to the cheques being towards repayment of installments - Once loan was disbursed and installments have..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Issued for discharge of later liability is clearly covered by statue...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Post dated cheque - If on the date of cheque liability or debt exists or amount has become legally recoverable, S.138 of the Act is attracted and not otherwise...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 17, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Willingness to pay expressed in Court - Not `judicial confession of guilt' - However, the same can be considered as voluntary admission of facts necessary to constitute the offence u/s 138 of the Act...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Reduction of sentence - Conviction - Considering age and health of accused, period of imprisonment reduced from S.I of 1 year to 1 month with compensation of Rs.1,40,000 u/s 357(3) Cr.P.C. in default of which to further undergo S.I for 6 months...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by firm - Managing Director - In absence of firm being arraigned as an accused, Managing Director cannot be held vicariously liable of the charge levelled against him - Conviction and sentence of petitioner set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appeal u/s 372 Proviso Cr.P.C. before Sessions Judge is not maintainable - Only remedy available to complainant is to seek special leave to appeal before High Court u/s 378 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time is maintainable even when demand notice was issued when cheque was dishonoured for the first time...........

Showing : 541-550 of 5180 Results