Showing : 1061-1070 of 4924 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down u/s 200 Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any material particulars..........
DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Complainant failed to produce any document of his income or establish that he was capable of advancing a loan of Rs.72,000/- - Held, complainant failed to prove his case beyond reasonable doubt by establishing the source of the alleged loan - Acquittal upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Hire purchase agreement - Once the financier had exercised the option of seizure of vehicle, post dated cheques obtained from purchaser cannot be presented for encashment after the seizure - Owner has to take recourse to other legal remedies for recovery of balance amount...........
SIKKIM HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because compromise agreement has..........
SIKKIM HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258-- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner for recalling of NBW..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 326(3), 264-- Dishonour of cheque - Complaint - Re-trial - Affidavit of complainant - Held, S.326 Cr.P.C. applies to evidence which is `heard and recorded' by Court - Affidavit of complainant which is read into evidence in trial of offence in terms of legal fiction created by S.145 of Act, does not constitute a..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 138, 146-- Non cross examination of a witness on a particular fact - Unchallenged part of his evidence is to be relied upon...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption includes the presumption of the existence of a legally enforceable debt or liability - It is for the accused to explain his case and defend it once the fact of cheque bouncing is prima facie established...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Received back undelivered - Notice not sent at the correct address - There is no presumption of service of notice - Legal requirement of service of notice not complied with - Dismissal of complaint, upheld...........

Showing : 1061-1070 of 4924 Results