Showing : 1311-1320 of 4908 Results

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..........
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..........
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..........
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..........

Showing : 1311-1320 of 4908 Results