Showing : 2221-2230 of 4849 Results

ORISSA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Appeal against conviction - Suspension of sentence - Appellate Court suspended sentence subject to deposit of Rs.1.00 lac - Condition imposed does not amount to denial of statutory right to appeal - However, condition modified to deposit of Rs.50, 000/- by the petitioner..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2), 71-- Dishonour of cheque - Absence of accused - Issuance of non bailable warrants - Accused regularly attended trial from 17.07.2004 to 27.07.2007 - On 27.07.2007 accused had to go to Jaipur all of a sudden without seeking exemption of appearance from the court - As such petitioner could not attend..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Presentation of cheque with the bank - Meaning of word `presentation' - It means presentation of cheque to the drawee bank - Deposit of cheque by the payee with its banker does not amount to presentation within the meaning of Section 138 of the Act - The payees bank only acts as an agent of the..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - An essential ingredient for maintainability of complaint - However, issuance of notice by itself does not give rise to the cause of action but communication of notice does...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Non appearance of complainant - Magistrate may close the complaint which does not amount to acquittal of the accused - In the instant case representative of the complainant could not appear due to illness - Order dismissing the complaint set aside - Complainant given a chance..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 34-- Offence of cheating and dishonour of Cheque - Complainant entered into an agreement with the land owner for the development of land - Said agreement could not fructify and materilise as `no objection' could not be obtained - Complainant reconciled with the situation and agreed to take back the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Pre mature complaint - Complaint filed on 14th day after issuance of notice - Court took cognizance of offence on 14th day after notice - Complaint dismissed as pre mature...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - In absence of specific averment in complaint that at the time of commission of offence the person accused was in charge of and responsible for the conduct of the business of the company the requirements of S.141 are not satisfied - While a Managing..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - In absence of specific averment in complaint that at the time of commission of offence the person accused was in charge of and responsible for the conduct of the business of the company the requirements of S.141 are not satisfied - While a Managing..........

Showing : 2221-2230 of 4849 Results