Showing : 1421-1430 of 5025 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Goa Money Lenders Act, 2001, Section 2(1)-- Dishonour of cheque - Complaint - - Money lending - In pursuance of MOU entered into between parties, complainant advanced Rs.5 Lakhs to accused for his business - Accused agreed to repay amount with interest at 30 % per month- Complainant's case is that since accused did not pay any amount, he..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay borrowed amount of Rs.65,000/- got dishonoured - Complainant failed to produce any document showing that any loan was advanced to accused - He failed to bring on record income-tax returns filed by him showing that..........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by Company - Prosecution of Director - Quashing - Petitioner is merely a director of Company and has no active participation in the business of Company - Held, proceedings initiated against petitioner liable to be quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 437, 438-- Dishonour of cheque - Cheque issued pursuant to agreement to sell got dishonoured - Agreement to sell is on record - Case of prosecution is that though it bears signatures of complainant, but body of writing was written later on - Held, all these matters have to be adjudicated during course of..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Delay of 12 days in filing - Application for condonation - Rejection of - Validity - Held, quantum of delay is not important - What is important is explanation - Petitioner/complainant has not been straight forward in giving correct reasons for delay in filing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Security cheque - It can fasten liability on the drawer - Security cheque can be legally and validly utilized towards the discharging of the liability of the drawer - A security cheque is an acknowledgment of liability on the part of the drawer that the cheque holder may use..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Vests in any of the places where any of he component acts constituting the offence are committed - If acts that constitute the offence are committed in different areas, over which different courts have appropriate jurisdiction, there is no reason to restrict..........
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..........
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..........
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..........

Showing : 1421-1430 of 5025 Results