Showing : 1321-1330 of 4908 Results

CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1)-- Dishonour of cheque - Sentence of fine - Imposition of - Power of Courts - Held, Courts are empowered to impose sentence of fine and if sentence of fine is imposed, then part of whole amount of fine may be awarded as compensation to complainant in accordance with S.357(1) of the Code...........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1), 357(3)-- Dishonour of cheque - Imposition of sentence - Award of compensation - Power of Court - Held, Courts are competent to impose fine and also empowered to award compensation as a part or whole of amount of fine u/s.357(1) of the Code to victim or person who has suffered any loss or injury by reason..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A-- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against petitioners by observing that..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73- - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial Court..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138- - Dishonour of cheque - Complaint - Notice - Held, issuance of notice as required by Cl.(b) of proviso to S.138 of the Act is a condition precedent for initiating proceedings for an offence u/s.138 of the Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Sent as per registered post & UPC - Both not returned - No dispute as to correct address - There is presumption of delivery of notice within reasonable time after posting on correct address...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Firm - Different description in memo of parties and in the body of complaint - Held, it will be too technical to throw out the complaint due to loose drafting - The substance of the complaint or petition is to be seen and it should not be thrown out merely on technicalities..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Managing Director - Petitioner No.2, being the Managing Director of petitioner No.1 Company will be presumed to be aware of day to day functioning and business of the affairs of the company...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - `Payment stopped by attachment order/court order' - Complaint cannot be quashed on this ground - Principle of `stop payment' applies when payment is stopped by attachment order/court order - Accused has to show that there were sufficient funds in the account to encash the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Registered notice sent at the address of accused - Notice shall be deemed to be served when it is not returned back after service - Onus lies on accused to show at the trial that he did not receive notice and that he was not responsible for non service of the same...........

Showing : 1321-1330 of 4908 Results