Showing : 1391-1400 of 4986 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice regarding..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Trial - Production of documents - Rejection of application filed by petitioner/accused u/s.311 of Cr.P.C. for issuing direction to complainant to produce certain documents - It is not a case where adequate opportunity of cross-examining witness was not so afforded to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(3), 177, 179-- Dishonour of Cheque - Territorial jurisdiction to file complaint - Held, complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of the following five acts, the components of the offence, took place - (1)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204-- Dishonour of Cheque - Criminal complaint - Issuance of summon - Held, at the time of summoning, the Magistrate, prima facie, has to form an opinion that there is sufficient ground for proceeding against (not the evidence to convict the accused), as contemplated u/s 204 Cr.P.C. - Magistrate at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction - Validity - Defence taken by accused that complainant has committed cheating and forgery, pertaining to cheque in question, but reason best known to them they have neither lodged any complaint nor has lodged F.I.R. against complainant - Evidence adduced on behalf..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1)-- Dishonour of cheque - Sentence of fine - Imposition of - Power of Courts - Held, Courts are empowered to impose sentence of fine and if sentence of fine is imposed, then part of whole amount of fine may be awarded as compensation to complainant in accordance with S.357(1) of the Code...........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3)-- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any loss or injury by reason..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A-- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against petitioners by observing that..........

Showing : 1391-1400 of 4986 Results