Showing : 1061-1070 of 5074 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Burden of proof - If proviso (a), (b) & (c) of S.138 of the Act are shown to have been complied with, technically the commission of offence stands completed and it is for accused to show that no offence could have been committed by him for specific reasons and defences...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263-- Dishonour of cheque - Summary trial - In summary trial, after accused is summoned, his plea is to be recorded u/s 263(g) Cr.P.C. and his examination, if any, can be done by Magistrate and a finding can be given by Court u/s 263(h) Cr.P.C. - Same procedure can be followed by Magistrate for offence..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - After summoning of accused recall and re-examine the complainant not necessary unless Magistrate passes a specific order as to why the complainant is to be recalled - Such an order is to be passed on an application made by accused or u/s 145(2) of the Act suo moto by Court...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Notice - Complaint u/s 138 of the Act - Accused bound to prove payment of entire amount within 15 days of receipt of notice intimating dishonour of cheque and demanding payment u/ss - Even, part payment whether before or after notice cannot absolve accused from criminal..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372-- Dishonour of cheque - Appeal against acquittal - Acquittal can be challenged in High Court and not in Court of Sessions...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient funds..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138- - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards advance payment - If a cheque is issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion either because of its cancellation or otherwise, and material or goods for which purchase order..........

Showing : 1061-1070 of 5074 Results