Showing : 341-350 of 4924 Results

ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138-- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to cross-examine witness...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220-- Dishonour of cheques - Joint trial - Dishonour of each cheque constitutes a separate offence giving rise to a separate cause of action - However, Ss.219, 223 Cr.P.C, are exceptions to general rule that there should be separate charge and separate trial for each distinct offence - Said provisions..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220-- Dishonour of cheque - Joint trial - Dishonour of seven cheques - Five complaints - Clubbing of complaints sought by accused after the right of cross-examine was closed - At this stage, it is evidence that application moved is not in expediency of a seedy trial but to further delay trial -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint can be filed by Power of Attorney holder of complainant - However, it is fundamental for complainant in such a case to specify in the complaint that power of Attorney Holder has knowledge about the transaction in question...........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 427-- Dishonour of cheques - Sentence - Eighteen complaints relatable to one single transaction giving rise to one cause of action - Substantive sentence is to be concurrently rather than independent/consecutive sentence in each complaint cases, which is not so in case of sentence awarded in default of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mere issuance of cheque is no offence u/s 138 of the Act...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - As per S.138 of the Act, there must be money transaction between accused and complainant and cheques must be issued in discharge of debts and other liability - Thus, mere issuance of cheque is no offence u/s 138 of the Act...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151-- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Conviction in two cases - Complainant same in both the complaints - Sentence to run concurrently in both the cases...........

Showing : 341-350 of 4924 Results