Showing : 761-770 of 2758 Results

KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401-- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401-- Dishonour of cheque - Conviction - Accused released on probation - Revision against - When records of a case are called for by High Court not on its own motion but at instance of a party to the proceedings, it is open to High Court to exercise power of suo motu revision...........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, 3, 6(2)-- Dishonour of cheque - Conviction - Release of accused on probation - Held, before deciding to release offender u/s 4(1) of the Act, Court is bound to call for report of Probation Officer...........
KERALA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in same trial or in a subsequent trial as S.300(1) of the..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259-- Dishonour of cheque - There is no impediment to convert a case from summons case to warrant case for offence u/s 138 of the Act either before commencement of trial or even after trial has commenced...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - All the ingredients which constitute the offence u/s 138 of the Act have to be spelled out by the complainant to sustain the charge...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is in favour of the holder of the cheque that the cheque was issued by the drawer in discharge of full or part of the existing debt or legal liability - However, this presumption is rebuttable - Accused is required to be given full..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406-- Dishonour of cheque - Transfer of case - Case pending at Ludhiana - Accused living in Delhi - Accused suffering from heart ailment and having problem in both kidneys - Doctor performing dialysis twice in a week - Case transferred from Ludhiana to Delhi...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Complaint filed by Manager of firm in his personal capacity - Manager or authorized representative can file complaint on behalf of the payee or the holder in due course but cannot file complaint in his personal capacity - A persona can be authorized to initiate criminal..........

Showing : 761-770 of 2758 Results