Showing : 1241-1250 of 5193 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Conversion of summary proceedings to summons proceedings - Cannot be made passively in silence - There must be a specific order indicating the switching over of summary trial to summons trial...........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signatures differ - Even when the signature differ, if there were no sufficient amounts in the accounts of the accused to honour the cheque, an offence u/s 138 of the Act is made out...........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Sentence - Cheque amount Rs.62,000/- - Accused convicted and sentenced to undergo imprisonment till the rising of Court and to deposit an amount of Rs.62,000/- as compensation to the appellant within three months and in default to undergo simple imprisonment for one month...........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signatures differ - An offence is made out when signatures differ, if there were not sufficient amount in the account of accused to honour the cheque...........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Account closed - After or prior to issuance of cheque - When account is closed after issuance of cheque or even prior to issuance of cheque an offence u/s 138 of the Act can be attracted, provided other ingredients of offence are there...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(2), General Clauses Act, 1897, Section 9-- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Held, while calculating the period of one month which is prescribed u/s 142(b) of Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action arose...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9-- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be concluded that while..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summary or summons trial - Evidence recorded word by word and not in the form of notes or substance - Procedure prescribed for summons case was thus followed - Disposal of case by successor Magistrate would not vitiate trial...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summary trial - Successor Magistrate cannot proceed on the evidence recorded by his predecessor for the reason that summary trials are only substance of evidence - Court does not record entire statement of witnesses - Successor Judge or Magistrate cannot appreciate the..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 263, 264-- Dishonour of cheque - Summary or summons trial - Magistrate has to take a decision either at commencement or in course of trial...........

Showing : 1241-1250 of 5193 Results