Showing : 1351-1360 of 5191 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cognizance of offence - Can be taken only on the sworn statement of complainant and not on the basis of affidavit - Complaint quashed as cognizance taken not on the basis of sworn statement but on the basis of affidavit...........
JHARKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Bank refused to honour the cheque on making endorsement `cheque series do not relate to us' - No offence u/s 138 has been made out - Complaint, held, not maintainable...........
JHARKHAND HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Presumption - Drawn only when a case is made out u/s 138 of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Complaint was registered and Magistrate ordered that statement u/s 200 Cr.P.C. be recorded - Magistrate is said to have taken cognizance when he made up his mind to examine the complainant on oath - Cognizance taken was also pre-mature - Acquittal of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 138-- Cross examination - A witness not offering himself for cross examination for his examination-in-chief - If he is alive then entire evidence has to be eschewed from consideration - In case witness dies after cross examination to certain extent but was not alive thereafter, the evidence need not be..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(d)-- Dishonour of cheque - Territorial jurisdiction - Held, place where cheque is presented has territorial jurisdiction to try complaint u/s.138 of NI Act...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Failure to disclose the date of service of notice upon accused though fact of sending notice as per registered post mentioned - Held, non disclosure of service of notice does not render the complaint and further the summoning order illegal - Complaint must contain..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Complaint be tried as summary trial and in a summary trial sentence cannot exceed one year - When it appears that sentence may exceed one year then complaint can be tried as a summons case - Decision to try complaint as summons case can be taken after hearing parties at the..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Trial other than summary trial - It can be at the commencement or in the course of summary trial - A case can be tried as summons trial when it appears to Magistrate that sentence of imprisonment may be of a period more than a year - Order to try a summary trial as a summons..........

Showing : 1351-1360 of 5191 Results