Showing : 1401-1410 of 5025 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued as security - Provision of S.138 of the Act is attracted only on account of dishonour of cheque issued in discharge of liability or debt and not on account of issuance of security cheque - Issuance of security cheque is not covered u/s 138 of the Act -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)- - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could not have been..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 242(2), 253-- Dishonour of cheque - Abuse of process of Court - Imposition of costs - Application filed by accused u/s.561-A of J&K Cr.P.C. for quashing of proceedings dismissed - Trial Court proceeded ahead and recorded statement of accused u/s.242 Cr.P.C. - Application filed by accused for discharge was..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued by firm - Complaint against partner of firm - Complaint not filed against principal accused, the firm - No averment in complaint that partner was in charge of and responsible for the conduct of business of the firm at the time of commission of offence - Entire..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
ALLAHABAD 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 order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b) of N.I. Act -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint is maintainable on the basis of dishonour of cheque for the second time or successive dishonour of cheque even when despite issuance of notice complaint was not filed on the basis of dishonour of cheque for the first time - Prosecution based upon second or..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Expert opinion for verification of handwriting and signatures - Signatures not specifically denied - S.20 of the Act authorizes the payee or holder in due course to complete an incomplete Negotiable instrument - There was no necessity to send the disputed cheque to hand..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Law does not prescribe any format of notice - Law mandates demand for payment by giving a notice in writing - In the instant case letter fulfilling these requirements taken as a notice...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 8, Rule 3, 5-- Right of cross examination to a defendant who has not filed written statement - Held, a defendant who has not filed written statement has a right to take part in further proceedings and cross examine the plaintiff or his witnesses in order to demolish the plaintiffs case...........

Showing : 1401-1410 of 5025 Results